By Coleman                                            H.B. No. 1651
         76R6157 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the right of an employee to time off from work to
 1-3     participate in certain activities of the employee's child;
 1-4     providing a penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subtitle D, Title 2, Labor Code, is amended by
 1-7     adding Chapter 83 to read as follows:
 1-8                CHAPTER 83.  EMPLOYEE RIGHT TO PARTICIPATION
 1-9            IN CERTAIN SCHOOL AND CHILD CARE FACILITY ACTIVITIES
1-10           Sec. 83.001.  DEFINITIONS.  In this chapter:
1-11                 (1)  "Employee" means a person other than an
1-12     independent contractor who, for compensation, performs services for
1-13     an employer under a written or oral contract of hire, whether
1-14     express or implied.
1-15                 (2)  "Employer" means a person who employs 10 or more
1-16     employees at the same workplace. The term includes a public
1-17     employer.
1-18           Sec. 83.002.  APPLICATION.  (a)  This chapter applies to an
1-19     employee who is a parent, legal guardian, or custodial grandparent
1-20     of a child who is in a licensed or certified child care facility or
1-21     prekindergarten through grade 12.
1-22           (b)  For purposes of this chapter, "employee's child" means a
1-23     child in the custody of an employee to whom this chapter applies.
1-24           Sec. 83.003.  RIGHT TO PARTICIPATE IN CERTAIN SCHOOL
 2-1     ACTIVITIES.  (a)  An employee who is subject to this chapter is
 2-2     entitled to time off as provided by this section to:
 2-3                 (1)  meet with a teacher of the employee's child or
 2-4     with a caregiver of the child in a child care facility; or
 2-5                 (2)  participate in a facility or school activity of
 2-6     the employee's child.
 2-7           (b)  An employee is entitled under this section to up to
 2-8     eight hours in each calendar year.
 2-9           (c)  Before taking time off under this section, an employee
2-10     must provide the employer with reasonable advance written notice of
2-11     the planned absence of the employee.
2-12           Sec. 83.004.  USE OF LEAVE TIME.  (a)  An employee is not
2-13     required to use existing vacation leave time, personal leave time,
2-14     or compensatory leave time for the purpose of a planned absence
2-15     authorized by this chapter except as otherwise provided by a
2-16     collective bargaining agreement entered into before September 1,
2-17     1999.
2-18           (b)  The use of leave time under this section may not be
2-19     restricted by a term or condition adopted under a collective
2-20     bargaining agreement entered into on or after September 1, 1999.
2-21           Sec. 83.005.  EFFECT ON EMPLOYEE PAY.  An employer may not
2-22     reduce the pay otherwise owed to the employee for any pay period
2-23     because the employee took time off during that pay period for the
2-24     purpose of a planned absence authorized by this chapter.
2-25           Sec. 83.006.  DOCUMENTATION.  (a)  An employee shall provide
2-26     documentation to the employer of the employee's participation in a
2-27     particular activity on the employer's request.
 3-1           (b)  For purposes of this section, "documentation" means any
 3-2     verification of parental participation in a facility or school
 3-3     activity that the child's facility or school considers reasonable
 3-4     and appropriate.
 3-5           Sec. 83.007.  SAME EMPLOYER.  If both parents of a child are
 3-6     employed by the same employer at the same workplace, the
 3-7     entitlement granted under Section 83.003 may be exercised as
 3-8     regards a specific activity of that child only by the employee who
 3-9     first gives notice to the employer as required under Section
3-10     83.003(c).  The other parent is entitled to time off to attend the
3-11     activity only as approved by the employer.
3-12           Sec. 83.008.  EMPLOYER RETALIATION PROHIBITED.  (a)  An
3-13     employer may not suspend or terminate the employment of, or
3-14     otherwise discriminate against, an employee who takes a planned
3-15     absence authorized by this chapter to participate in an activity of
3-16     the employee's child if the employee has given written notice as
3-17     required under Section 83.003(c).
3-18           (b)  An employee whose employment is suspended or terminated
3-19     in violation of this chapter is entitled to:
3-20                 (1)  reinstatement to the employee's former position or
3-21     a position that is comparable in terms of compensation, benefits,
3-22     and other conditions of employment;
3-23                 (2)  compensation for wages lost during the period of
3-24     suspension or termination;
3-25                 (3)  reinstatement of any fringe benefits and seniority
3-26     rights lost because of the suspension or termination; and
3-27                 (4)  if the employee brings an action to enforce this
 4-1     subsection and is the prevailing party, payment by the employer of
 4-2     court costs and reasonable attorney's fees.
 4-3           Sec. 83.009.  CIVIL PENALTY.  (a)  An employer who suspends
 4-4     or terminates the employment of an employee in violation of this
 4-5     chapter is liable for a civil penalty not to exceed $1,000.
 4-6           (b)  The attorney general or an appropriate prosecuting
 4-7     attorney may sue to collect a civil penalty under this section.
 4-8           (c)  A civil penalty collected under this section shall be
 4-9     deposited in the state treasury to the credit of the general
4-10     revenue fund.
4-11           Sec. 83.010.  NOTICE TO EMPLOYEES.  (a)  Each employer shall
4-12     inform its employees of their rights under this chapter by posting
4-13     a conspicuous sign in a prominent location in the employer's
4-14     workplace.
4-15           (b)  The Texas Workforce Commission by rule shall prescribe
4-16     the design and content of the sign required by this section.
4-17           SECTION 2.  This Act takes effect September 1, 1999, and
4-18     applies only to a suspension, termination, or other adverse
4-19     employment action that is taken by an employer against an employee
4-20     because of an employee absence authorized under Chapter 83, Labor
4-21     Code, as added by this Act, that occurs on or after that date.
4-22     Action taken by an employer against an employee for an employee
4-23     absence occurring before that date is governed by the law in effect
4-24     on the date the absence occurred, and the former law is continued
4-25     in effect for that purpose.
4-26           SECTION 3.  The importance of this legislation and the
4-27     crowded condition of the calendars in both houses create an
 5-1     emergency and an imperative public necessity that the
 5-2     constitutional rule requiring bills to be read on three several
 5-3     days in each house be suspended, and this rule is hereby suspended.