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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a paid parental leave program |
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administered by the Texas Workforce Commission; imposing an |
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employer contribution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Labor Code, is amended by |
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adding Chapter 319 to read as follows: |
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CHAPTER 319. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES |
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Sec. 319.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means an individual who performs |
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services for an employer for compensation under a contract for |
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hire, whether express or implied. The term does not include an |
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independent contractor. |
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(2) "Employer" means a person that employs one or more |
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employees. |
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(3) "Program" means the Texas Family Fund Program |
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established under Section 319.002. |
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Sec. 319.002. ESTABLISHMENT OF PROGRAM; RULEMAKING. (a) |
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The commission shall establish the Texas Family Fund Program to |
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administer, distribute payments for, and assess contributions for |
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paid parental leave under this chapter. |
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(b) The commission shall adopt rules as necessary to |
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implement this chapter. |
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Sec. 319.003. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES. |
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(a) This section applies only to an employee who: |
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(1) has worked for the employer: |
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(A) not less than 540 hours during the preceding |
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six months; or |
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(B) on a full-time basis during the preceding |
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three months. |
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(b) Subject to Subsections (c) and (d), an employee is |
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entitled to 12 weeks of paid leave funded by the program for the: |
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(1) birth of a child; |
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(2) birth of a child by the employee's spouse; |
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(3) birth of a child by a gestational surrogate; or |
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(4) adoption of a child. |
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(c) An employee who takes paid leave under Subsection (b) is |
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entitled to paid leave for each week of paid leave taken under that |
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subsection in an amount equal to: |
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(1) 100 percent of the employee's weekly wage if the |
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employee is paid: |
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(A) an hourly rate that is not greater than $15 an |
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hour; or |
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(B) an annual salary as a full-time employee that |
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is not greater than $31,200; |
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(2) 95 percent of the employee's weekly wage if the |
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employee is paid: |
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(A) an hourly rate that is more than $15 an hour |
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and not greater than $20 an hour; or |
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(B) an annual salary as a full-time employee that |
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is more than $31,200 and not greater than $41,600; or |
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(3) 80 percent of the employee's weekly wage or $1,000, |
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whichever amount is less, if the employee is paid: |
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(A) an hourly rate that is more than $20 an hour; |
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or |
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(B) an annual salary as a full-time employee that |
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is more than $41,600. |
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(d) This section does not entitle an employee to leave in |
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addition to any leave the employee is entitled to under the federal |
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Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et |
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seq.). An employee is not entitled to paid leave under this section |
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for any period during which the employee is taking other paid leave. |
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(e) An employee who qualifies for leave under this section |
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under Subsection (a)(1)(A) only may not take leave under this |
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section: |
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(1) later than the first anniversary of the date of |
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birth or adoption of a child described by Subsection (b); and |
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(2) more than one time during a 12-month period. |
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Sec. 319.004. EMPLOYER CONTRIBUTION. (a) Except as |
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provided by Subsection (d), an employer shall pay a contribution on |
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wages paid during a calendar year. The contribution shall be paid |
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to the commission in accordance with rules adopted by the |
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commission. |
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(b) An employer's contribution under Subsection (a) is an |
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amount equal to 0.15 percent of all wages paid by the employer |
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during the calendar year. |
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(c) An employer may not deduct any part of a contribution |
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under this section from the wages of an individual. |
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(d) This section does not apply to an employer that: |
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(1) maintains a self-funded paid leave policy. |
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Sec. 319.005. ADMINISTRATION OF CONTRIBUTIONS. (a) On |
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receipt of contributions under Section 319.004, the commission |
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shall forward the contributions to the comptroller. |
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(b) The comptroller shall immediately deposit contributions |
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under this chapter in the Texas Family Fund. |
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(c) The comptroller is custodian of the Texas Family Fund |
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and shall administer the fund in accordance with the directions of |
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the commission. The comptroller shall issue warrants on the Texas |
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Family Fund for the payment of paid leave under this chapter in |
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accordance with rules adopted by the commission. |
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Sec. 319.006. TEXAS FAMILY FUND. (a) The Texas Family Fund |
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is a special fund. |
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(b) The fund consists of: |
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(1) contributions collected under this chapter; |
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(2) interest earned on money in the fund; and |
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(3) other money received for the fund from any other |
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source. |
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(c) Benefits are due and payable only to the extent money is |
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available for that purpose in the fund. This state and the |
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commission are not liable for any amount in excess of the amount in |
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the fund. |
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SECTION 2. Not later than January 1, 2024, the Texas |
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Workforce Commission shall: |
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(1) establish the Texas Family Fund Program in |
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accordance with Section 319.002, Labor Code, as added by this Act; |
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and |
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(2) adopt rules necessary to implement Chapter 319, |
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Labor Code, as added by this Act. |
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SECTION 3. An employee is not entitled to paid leave under |
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Chapter 319, Labor Code, as added by this Act, before September 1, |
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2024. |
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SECTION 4. This Act takes effect September 1, 2023. |