Bill Text: TX SB40 | 2015-2016 | 84th Legislature | Introduced

Texas Senate Bill 40 (Prior Session Legislation)

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) 2015-01-26 - Referred to Higher Education [SB40 Detail]

Download: Texas-2015-SB40-Introduced.html

	84R1330 KSD-F

	By: Zaffirini	S.B. No. 40



	A BILL TO BE ENTITLED
	AN ACT
	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 51.9612 to read as follows:
	Sec. 51.9612. ASSAULT LEAVE FOR EMPLOYEES OF JUNIOR COLLEGE
	DISTRICT OR UNIVERSITY SYSTEM. (a) The definitions provided by
	Section 61.003 apply to this section.
	(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, but not
	including an employee of a medical and dental unit, 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, as
	applicable, 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 conduct causing injury to the employee contains
	the elements of an assaultive offense under Section 22.01, 22.011,
	22.02, or 22.021, Penal Code.
	(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. Leave taken
	under this section to which an employee is entitled 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 junior
	college district or university system is suspended or ends; or
	(2) the first anniversary of the date of the assault.
	SECTION 2. Section 51.9612, 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, 2015.