HBA-LCA H.B. 3559 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3559 By: Luna, Vilma Public Education 4/20/1999 Introduced BACKGROUND AND PURPOSE Current law provides assault leave for school district employees to recover from injuries resulting from an assault during their regular performance of duties. The commissioner of education has ruled that an assault by a student on a school employee must be evaluated according to the definition of "assault" in Section 22.01, Penal Code (Assault), in order for the employee to receive assault leave. This ruling prevents the granting of assault leave, for example, to an employee who has been assaulted by a student with a mental disability that renders criminal intent difficult or impossible to prove. H.B. 3559 changes the statute to provide that an injury sustained as a result of physical contact or threat, rather than assault, entitles an employee to assault leave. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 22.003(b), Education Code, to entitle an employee of a school district who, during the performance of regular duties, is physically injured as a result of physical contact, or the threat of physical contact the employee regards as offensive or provocative, to take assault leave. Makes conforming changes. SECTION 2. Emergency clause. Effective date: upon passage.