HBA-MSH, CCH H.B. 1188 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1188
By: Telford
Public Education
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

State law provides assault leave for school district employees to recover
from injuries resulting from an assault during the performance of their
regular duties.  In 1998, the commissioner of education ruled that a
student with a mental disability could not knowingly or intentionally
commit assault under the statutory standard for assault.  The effect of
this ruling was that a teacher attacked by a student with a mental
disability was not entitled to assault leave.  House Bill 1188 provides
that a person may not be denied assault leave solely because of the age or
disability of the perpetrator. 

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. 

ANALYSIS

House Bill 1188 amends the Education Code to provide for the purposes of
the personal leave program that an employee of a school district is
physically assaulted if the person engaging in the conduct causing injury
to the employee could be prosecuted for assault, or could not be prosecuted
for assault only because the person's age or mental capacity makes the
person nonresponsible for the purposes of criminal liability. 

EFFECTIVE DATE

June 15, 2001.  This Act applies beginning with the 2001-2002 school year.