By Turner of Harris                                   H.B. No. 1761
         77R5951 PB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the right of an employee to time off from work to meet
 1-3     with certain persons affecting the education of the employee's
 1-4     child.
 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 MEET WITH CERTAIN PERSONS
 1-9               AFFECTING THE EDUCATION OF THE EMPLOYEE'S CHILD
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)  "Employee's child" means a child who is in
1-16     kindergarten through grade 12 and is in the custody of an employee.
1-17           Sec. 83.002.  RIGHT TO MEET WITH SCHOOL PERSONNEL. (a)  An
1-18     employee who has been employed by the same employer for at least
1-19     six consecutive months is entitled to leave as provided by this
1-20     section to meet, at the request of the teacher, counselor, or
1-21     principal, with:
1-22                 (1)  a teacher of the employee's child;
1-23                 (2)  the school counselor of the employee's child; or
1-24                 (3)  the principal of the school the employee's child
 2-1     is attending.
 2-2           (b)  An employee is entitled under this section to up to 10
 2-3     hours of leave in each 12-month period.
 2-4           (c)  Before taking leave under this section, an employee must
 2-5     provide the employer with written notice at least 24 hours before
 2-6     the time the planned absence of the employee is to begin.
 2-7           (d)  The notice requirement under Subsection (c) does not
 2-8     apply to an employee who requires an immediate unplanned leave in
 2-9     an emergency situation involving the employee's child.
2-10           Sec. 83.003.  UNPAID LEAVE; USE OF LEAVE TIME.  (a)  Except
2-11     as provided by Subsection (b), leave taken under this chapter may
2-12     be unpaid leave.
2-13           (b)  An employee entitled to leave under this chapter may
2-14     use, but is not required to use, existing vacation leave time,
2-15     personal leave time, compensatory leave time, or other appropriate
2-16     paid leave time for a planned absence authorized by this chapter.
2-17           Sec. 83.004.  EMPLOYER RETALIATION PROHIBITED.  (a)  An
2-18     employer may not suspend or terminate the employment of, or
2-19     otherwise discriminate against, an employee who takes leave under
2-20     this chapter if the employee has:
2-21                 (1)  given written notice as required under Section
2-22     83.002(c); or
2-23                 (2)  taken emergency leave as described by Section
2-24     83.002(d).
2-25           (b)  An employee whose employment is suspended or terminated
2-26     in violation of this section is entitled to:
2-27                 (1)  reinstatement to the employee's former position or
 3-1     a position that is comparable in terms of compensation, benefits,
 3-2     and other conditions of employment;
 3-3                 (2)  compensation for wages lost during the period of
 3-4     suspension or termination;
 3-5                 (3)  reinstatement of any fringe benefits and seniority
 3-6     rights lost because of the suspension or termination; and
 3-7                 (4)  if the employee brings an action to enforce this
 3-8     subsection and is the prevailing party, payment by the employer of
 3-9     court costs and reasonable attorney's fees.
3-10           Sec. 83.005.  NOTICE TO EMPLOYEES.  (a)  Each employer shall
3-11     inform its employees of their rights under this chapter by posting
3-12     a conspicuous sign in a prominent location in the employer's
3-13     workplace.
3-14           (b)  The Texas Workforce Commission by rule shall prescribe
3-15     the design and content of the sign required by this section.
3-16           SECTION 2.  This Act takes effect September 1, 2001, and
3-17     applies only to a suspension, termination, or other adverse
3-18     employment action that is taken by an employer against an employee
3-19     because of an employee absence authorized under Chapter 83, Labor
3-20     Code, as added by this Act, that occurs on or after that date.
3-21     Action taken by an employer against an employee for an employee
3-22     absence occurring before that date is governed by the law in effect
3-23     on the date the absence occurred, and the former law is continued
3-24     in effect for that purpose.