83R1844 KSD-D
  By: Raymond H.B. No. 110
  relating to leave for junior college district or university system
  employees who are physically assaulted while on duty.
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9612 to read as follows:
  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, 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 person engaging in the conduct causing injury to
  the employee:
               (1)  could be prosecuted for assault for that conduct;
               (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 51.9612, 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, 2013.