H.B. No. 2975

AN ACT

relating to powers and duties of the Texas Workforce Commission with respect to work and family policies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 81.001, 81.003, 81.0045, 81.0046, 81.005, 81.007, and 81.008, Labor Code, are amended to read as follows:

Sec. 81.001. DEFINITIONS. In this chapter:

(1) ["Clearinghouse" means the Work and Family Policies Clearinghouse.

[(2)] "Commission" means the Texas Workforce Commission.

(2) "Work and family policies" means family-related employment policies, including:

(A) hiring and scheduling practices;

(B) employee benefits;

(C) dependent care assistance; and

(D) other terms of employment related to family.

Sec. 81.003. WORK AND FAMILY POLICIES RESOURCES [CLEARINGHOUSE]. The [Work and Family Policies Clearinghouse is within the] commission shall maintain on its Internet website information and resources for employers who are considering, selecting, or implementing work and family policies, together with an explanation that:

(1) the commission does not and may not provide legal advice; and

(2) an employer is not required by law to implement a work and family policy included on the commission's website.

Sec. 81.0045. DEPENDENT CARE GRANT PROGRAM. (a) The commission [clearinghouse] may establish a grant program to provide funds to public or private persons to conduct demonstration dependent care projects.

(b) The commission [clearinghouse] shall adopt rules governing the submission and approval of grant requests and the cancellation of grants.

(c) To receive a grant, a person whose grant is approved must execute an interagency agreement or a contract with the commission [clearinghouse]. The contract must require the person receiving the grant to perform the services as stated in the approved grant request. The contract must contain appropriate provisions for program and fiscal monitoring.

Sec. 81.0046. PROMOTION OF WORK AND FAMILY POLICIES [EMPLOYEE DEPENDENT CARE BENEFITS]. In providing [technical assistance and] information and resources under this chapter, the commission may [clearinghouse shall] encourage employers to implement work and family policies [provide employee dependent care benefits] by:

(1) providing examples of work and family policies or providing economic data that demonstrates [promoting] the economic benefits realized by employers who implement work and family policies [provide dependent care benefits], including decreased absenteeism and turnover rates, greater productivity, and federal and state tax incentives;

(2) advertising the availability of federal and state tax incentives for work and family policies [employee dependent care benefits]; and

(3) sharing other relevant information and resources provided to the commission voluntarily by employers, employees, and other stakeholders [providing technical assistance to employers who establish employee dependent care benefit programs, including assistance in obtaining federal and state tax incentives].

Sec. 81.005. SHARING [DEPOSIT OF] MATERIALS ON WORK AND FAMILY POLICIES. The commission may share materials [Materials] on work and [employment-related] family policies [issues] that are published by state agencies with [may be deposited with the clearinghouse for distribution to] employers, job applicants, and other interested persons.

Sec. 81.007. RULES. The commission [by rule] may adopt rules to implement this chapter [procedures to implement functions under Sections 81.004 and 81.005. In adopting rules under this section, the commission shall consider the recommendations of the clearinghouse staff].

Sec. 81.008. GIFTS, GRANTS, AND DONATIONS. (a) The commission [clearinghouse] may accept a gift or grant from a public or private entity to fund any activity under this chapter.

(b) The commission may accept a donation of money, services, or property only if the commission determines that the donation furthers the lawful purposes and objectives of the commission under this chapter and the donation is accepted in an open meeting by a majority of the voting members of the commission. The donation must be reported in the public records of the commission with the name of the donor and the purpose of the donation. This subsection does not apply to information and resources voluntarily shared with the commission under Section 81.0046.

SECTION 2. Section 81.004, Labor Code, is repealed.

SECTION 3. This Act takes effect September 1, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 2975 was passed by the House on May 9, 2023, by the following vote: Yeas 128, Nays 14, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 2975 was passed by the Senate on May 24, 2023, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

_____________________

Governor