Texas 2021 - 87th Regular

Texas House Bill HB2063 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2063
	1	+	By: Ordaz Perez, et al. H.B. No. 2063
	2	+	(Senate Sponsor - Schwertner)
	3	+	(In the Senate - Received from the House May 5, 2021;
	4	+	May 10, 2021, read first time and referred to Committee on Business &
	5	+	Commerce; May 20, 2021, reported favorably by the following vote:
	6	+	Yeas 9, Nays 0; May 20, 2021, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the establishment of a state employee family leave
6	13		pool.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Chapter 661, Government Code, is amended by
9	16		adding Subchapter A-1 to read as follows:
10	17		SUBCHAPTER A-1. STATE EMPLOYEE FAMILY LEAVE POOL
11	18		Sec. 661.021. PURPOSE. The purpose of the state employee
12	19		family leave program is to:
13	20		(1) provide eligible state employees more flexibility
14	21		in:
15	22		(A) bonding with and caring for children during a
16	23		child's first year following birth, adoption, or foster placement;
17	24		and
18	25		(B) caring for a seriously ill family member or
19	26		the employee, including pandemic-related illnesses or
20	27		complications caused by a pandemic; and
21	28		(2) allow employees to apply for leave time under the
22	29		family leave pool.
23	30		Sec. 661.022. GUIDELINES. (a) The governing body of a
24	31		state agency shall, through the establishment of a program, allow
25	32		an agency employee to voluntarily transfer sick or vacation leave
26	33		earned by the employee to a family leave pool.
27	34		(b) The executive head of the state agency or another
28	35		individual appointed by the governing body shall administer the
29	36		family leave pool.
30	37		(c) The governing body of the state agency shall adopt rules
31	38		and prescribe procedures relating to the operation of the agency
32	39		family leave pool.
33	40		Sec. 661.023. CONTRIBUTION TO FAMILY LEAVE POOL. (a) A
34	41		state employee may contribute to the family leave pool one or more
35	42		days of the employee's accrued sick or vacation leave.
36	43		(b) The pool administrator shall credit the family leave
37	44		pool with the amount of time contributed by a state employee and
38	45		deduct a corresponding amount of time from the employee's earned
39	46		sick or vacation leave as if the employee had used the time for
40	47		personal purposes.
41	48		(c) A retiring state employee may designate the number of
42	49		the retiring employee's accrued sick or vacation leave hours to be
43	50		used for retirement credit and the number of the retiring
44	51		employee's accrued sick or vacation leave hours to be donated on
45	52		retirement to the sick or family leave pool.
46	53		Sec. 661.024. USE OF TIME IN POOL. (a) A state employee is
47	54		eligible to use time contributed to the family leave pool of the
48	55		state agency that employs the employee if the employee has
49	56		exhausted the employee's eligible compensatory, discretionary,
50	57		sick, and vacation leave because of:
51	58		(1) the birth of a child;
52	59		(2) the placement of a foster child or adoption of a
53	60		child under 18 years of age;
54	61		(3) the placement of any person 18 years of age or
55	62		older requiring guardianship;
56	63		(4) a serious illness to an immediate family member or
57	64		the employee, including a pandemic-related illness;
58	65		(5) an extenuating circumstance created by an ongoing
59	66		pandemic, including providing essential care to a family member; or
60	67		(6) a previous donation of time to the pool.
61	68		(b) A state employee who applies to use time under
62	69		Subsection (a) to care for another person must submit and be listed
63	70		on the other person's birth certificate, birth facts, or adoption
64	71		or foster paperwork for a child under 18 years of age, including
65	72		being listed as the mother, father, adoptive parent, foster parent,
66	73		or partner of the child's mother, adoptive parent, or foster
67	74		parent, or provide documentation that the employee is the guardian
68	75		of a person who is 18 years of age or older and requiring
69	76		guardianship.
70	77		Sec. 661.025. WITHDRAWAL OF TIME FROM POOL. (a) A state
71	78		employee may apply to the pool administrator for permission to
72	79		withdraw time from the family leave pool.
73	80		(b) If the state employee is seeking permission to withdraw
74	81		time because of a serious illness, including a pandemic-related
75	82		illness, of an immediate family member or the employee and does not
76	83		qualify for or has exhausted time available in the sick leave pool,
77	84		the employee must provide the pool administrator with a written
78	85		statement from the licensed practitioner who is treating the
79	86		employee or the employee's immediate family member.
80	87		(c) If the state employee is seeking permission to withdraw
81	88		time because of an extenuating circumstance created by an ongoing
82	89		pandemic, including providing essential care to a family member,
83	90		the employee must provide any applicable documentation, including
84	91		an essential caregiver designation, proof of closure of a school or
85	92		daycare, or other appropriate documentation.
86	93		(d) If the pool administrator determines the state employee
87	94		is eligible, the administrator shall:
88	95		(1) approve the transfer of time from the pool to the
89	96		employee; and
90	97		(2) credit the time to the employee.
91	98		Sec. 661.026. LIMITATION ON WITHDRAWALS. (a) A state
92	99		employee may not withdraw time from the family leave pool in an
93	100		amount that exceeds the lesser of:
94	101		(1) one-third of the total time in the pool; or
95	102		(2) 90 days.
96	103		(b) Subject to Subsection (a), the pool administrator shall
97	104		determine the amount of time that an employee may withdraw from the
98	105		pool.
99	106		Sec. 661.027. EQUAL TREATMENT. A state employee absent
100	107		while using time withdrawn from the family leave pool may use the
101	108		time as sick leave earned by the employee. The employee shall be
102	109		treated for all purposes as if the employee is absent on earned sick
103	110		leave.
104	111		Sec. 661.028. NO ENTITLEMENT TO ESTATE. The estate of a
105	112		deceased state employee is not entitled to payment for unused time
106	113		withdrawn by the employee from the family leave pool.
107	114		SECTION 2. This Act takes effect September 1, 2021.
108		-	______________________________ ______________________________
109		-	President of the Senate Speaker of the House
110		-	I certify that H.B. No. 2063 was passed by the House on May 5,
111		-	2021, by the following vote: Yeas 135, Nays 10, 1 present, not
112		-	voting.
113		-	______________________________
114		-	Chief Clerk of the House
115		-	I certify that H.B. No. 2063 was passed by the Senate on May
116		-	27, 2021, by the following vote: Yeas 31, Nays 0.
117		-	______________________________
118		-	Secretary of the Senate
119		-	APPROVED: _____________________
120		-	Date
121		-	_____________________
122		-	Governor
	115	+	* * * * *