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A BILL TO BE ENTITLED
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AN ACT
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relating to a public school paid parental leave policy, an |
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allotment under the Foundation School Program for the cost of |
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providing paid parental leave under that policy, and the |
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eligibility of certain children for free prekindergarten programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 22, Education Code, is |
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amended by adding Section 22.0035 to read as follows: |
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Sec. 22.0035. PAID PARENTAL LEAVE POLICY. (a) A school |
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district or open-enrollment charter school may adopt a paid |
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parental leave policy under which a full-time employee of the |
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district or school is entitled to paid parental leave following |
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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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(b) If a school district or open-enrollment charter school |
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adopts a paid parental leave policy described by Subsection (a), |
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the policy: |
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(1) must provide: |
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(A) eight consecutive weeks of paid parental |
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leave for an employee who is the primary caregiver of the child; or |
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(B) four consecutive weeks of paid parental leave |
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for an employee who is the spouse of the primary caregiver of the |
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child; |
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(2) must require that: |
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(A) an employee be employed on a full-time basis |
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by the school district or open-enrollment charter school for at |
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least 12 months before becoming eligible for paid parental leave; |
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(B) an employee's eligibility for paid parental |
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leave expires on the six-month anniversary of the date of the |
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child's birth or placement with the employee; and |
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(C) an employee who has been granted paid |
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parental leave under the policy take the leave concurrently with |
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leave for which the employee is eligible under the federal Family |
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and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.); and |
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(3) may not require an employee to first use all |
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available and applicable paid vacation and sick leave before taking |
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paid parental leave under the policy. |
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(c) Not later than November 1 of each even-numbered year, |
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the agency shall prepare and submit to the legislature a report on |
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paid parental leave provided under a policy adopted under this |
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section. The report must include: |
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(1) the number of employees who took paid parental |
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leave under the policy during the preceding two years, |
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disaggregated by school district and open-enrollment charter |
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school; |
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(2) the costs of providing paid parental leave under |
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the policy during the preceding two years; |
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(3) projections regarding future participation in and |
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costs of paid parental leave provided under the policy; and |
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(4) any recommendations for legislative or other |
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action. |
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SECTION 2. Section 29.153(b), Education Code, is amended to |
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read as follows: |
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(b) A child is eligible for enrollment in a prekindergarten |
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class under this section if the child is at least three years of age |
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and: |
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(1) is unable to speak and comprehend the English |
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language; |
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(2) is educationally disadvantaged; |
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(3) is homeless, regardless of the residence of the |
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child, of either parent of the child, or of the child's guardian or |
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other person having lawful control of the child; |
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(4) is the child of an active duty member of the armed |
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forces of the United States, including the state military forces or |
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a reserve component of the armed forces, who is ordered to active |
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duty by proper authority; |
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(5) is the child of a member of the armed forces of the |
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United States, including the state military forces or a reserve |
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component of the armed forces, who was injured or killed while |
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serving on active duty; |
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(6) is or ever has been in: |
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(A) the conservatorship of the Department of |
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Family and Protective Services following an adversary hearing held |
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as provided by Section 262.201, Family Code; or |
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(B) foster care in another state or territory, if |
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the child resides in this state; [or] |
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(7) is the child of a person eligible for the Star of |
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Texas Award as: |
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(A) a peace officer under Section 3106.002, |
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Government Code; |
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(B) a firefighter under Section 3106.003, |
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Government Code; or |
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(C) an emergency medical first responder under |
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Section 3106.004, Government Code; or |
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(8) is the child of a person employed as a classroom |
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teacher at a public primary or secondary school in this state. |
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SECTION 3. Subchapter D, Chapter 48, Education Code, is |
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amended by adding Section 48.157 to read as follows: |
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Sec. 48.157. HEALTHY FAMILIES ALLOTMENT. For each employee |
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who received paid parental leave under a policy adopted under |
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Section 22.0035 during the preceding school year, a school district |
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is entitled to an annual allotment equal to the amount of the |
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employee's compensation for the period for which the employee |
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received paid parental leave under that policy. |
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SECTION 4. Section 22.0035, Education Code, as added by |
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this Act, and Section 29.153(b), Education Code, as amended by this |
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Act, apply beginning with the 2025-2026 school year. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2025. |
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(b) Section 48.157, Education Code, as added by this Act, |
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takes effect September 1, 2025. |