Texas 2019 86th Regular

Texas House Bill HB3823 Introduced / Bill

Filed 03/07/2019

                    86R11551 KKR-D
 By: Sherman, Sr. H.B. No. 3823


 A BILL TO BE ENTITLED
 AN ACT
 relating to a paid family care leave incentive for certain
 employers.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle D, Title 2, Labor Code, is amended by
 adding Chapter 83 to read as follows:
 CHAPTER 83. PAID FAMILY CARE LEAVE INCENTIVE
 Sec. 83.001.  DEFINITIONS. In this chapter:
 (1)  "Employee" means an individual who performs
 services for an employer for compensation under an oral or written
 contract of hire, whether express or implied. The term does not
 include an independent contractor.
 (2)  "Employer" means a business entity that employs
 one or more employees.
 Sec. 83.002.  POLICY INCENTIVE. An employer qualifies for
 an exemption from the franchise tax under Section 171.089, Tax
 Code, if the employer adopts a family care leave policy under which
 an employee is entitled to at least:
 (1)  four weeks of paid leave following giving birth to
 a child;
 (2)  two weeks of paid leave following the birth of the
 employee's child, if Subdivision (1) does not apply to the
 employee; and
 (3)  two weeks of paid leave following the adoption of a
 child by the employee or placement of a foster child with the
 employee.
 SECTION 2.  (a)  Subchapter B, Chapter 171, Tax Code, is
 amended by adding Section 171.089 to read as follows:
 Sec. 171.089.  EXEMPTION--CERTAIN EMPLOYERS WHO ADOPT
 FAMILY CARE LEAVE POLICIES. A corporation is exempted from the
 franchise tax if the corporation adopts an employment leave policy
 described by Chapter 83, Labor Code.
 (b)  This section applies only to a report originally due on
 or after the effective date of this Act.
 SECTION 3.  This Act takes effect January 1, 2020.