Bill Text: TX HB158 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to leave for junior college district or university system employees who are physically assaulted while on duty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-11 - Referred to Higher Education [HB158 Detail]
Download: Texas-2011-HB158-Introduced.html
| 82R1255 KSD-F | ||
| By: Raymond | H.B. No. 158 | |
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| relating to leave for junior college district or university system | ||
| employees who are physically assaulted while on duty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.9611 to read as follows: | ||
| Sec. 51.9611. ASSAULT LEAVE FOR EMPLOYEES OF JUNIOR COLLEGE | ||
| DISTRICT OR UNIVERSITY SYSTEM. (a) In this section, "university | ||
| system" has the meaning assigned by Section 61.003. | ||
| (b) Except as provided by Subsection (f), an employee of a | ||
| junior college district or university system, including an employee | ||
| of a component institution of a university system, who is | ||
| physically assaulted during the performance of the employee's | ||
| regular duties is entitled to the number of days of paid leave | ||
| necessary for the employee to recuperate from any physical injury | ||
| that results from the assault. Notwithstanding any other law, | ||
| during the period the employee is assigned to assault leave, the | ||
| employee is entitled to be paid at a rate equal to the employee's | ||
| regular rate of pay, except that the amount of pay must be reduced | ||
| by the amount of any workers' compensation insurance benefits to | ||
| which the employee is entitled to compensate the employee for | ||
| employee pay lost as a result of the assault. | ||
| (c) On the employee's submission of a claim for assault | ||
| leave, the junior college district or university system shall | ||
| immediately assign the employee to assault leave. After an | ||
| investigation of the employee's claim and any determination that | ||
| the employee was not entitled to all or part of the assault leave | ||
| taken, the district or system may change the employee's assault | ||
| leave status and charge the assault leave to which the employee was | ||
| not entitled against: | ||
| (1) any of the employee's accrued leave; or | ||
| (2) the employee's pay if the employee does not have | ||
| sufficient accrued leave. | ||
| (d) For purposes of this section, an employee is physically | ||
| assaulted if the person engaging in the conduct causing injury to | ||
| the employee: | ||
| (1) could be prosecuted for assault for that conduct; | ||
| or | ||
| (2) could not be prosecuted for assault for that | ||
| conduct only because the person's age or mental capacity makes the | ||
| person a nonresponsible person for purposes of criminal liability. | ||
| (e) Leave provided under this section is in addition to any | ||
| other leave provided to an employee under a policy adopted under | ||
| Section 51.961 or otherwise provided to an employee. Except as | ||
| provided by Subsection (c)(1), leave taken under this section may | ||
| not be deducted from any accrued leave. | ||
| (f) The leave period provided by this section may not extend | ||
| beyond the earlier of: | ||
| (1) the date the employee's employment with the | ||
| district or system is suspended or ends; or | ||
| (2) the second anniversary of the date of the assault. | ||
| (g) A junior college district or university system is | ||
| entitled to reimbursement for the cost of paid leave provided under | ||
| this section. The Texas Higher Education Coordinating Board shall | ||
| reimburse the district or system in the appropriate amount from | ||
| appropriations available for that purpose. If a district or system | ||
| receives reimbursement under this subsection for leave to which the | ||
| employee was not entitled, as determined under Subsection (c), the | ||
| district or system shall reimburse the coordinating board for the | ||
| amount received for that leave. | ||
| SECTION 2. Section 51.9611, Education Code, as added by | ||
| this Act, applies only to leave based on conduct that occurs on or | ||
| after the effective date of this Act. Leave based on conduct that | ||
| occurs before the effective date of this Act is governed by the law | ||
| in effect on the date the conduct occurred, and that law is | ||
| continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
