Texas 2023 - 88th Regular

Texas Senate Bill SB1079 Compare Versions

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1	1	By: Zaffirini S.B. No. 1079
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of a paid parental leave program
7	7	administered by the Texas Workforce Commission; imposing an
8	8	employer contribution.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
11	11	adding Chapter 319 to read as follows:
12	12	CHAPTER 319. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES
13	13	Sec. 319.001. DEFINITIONS. In this chapter:
14	14	(1) "Employee" means an individual who performs
15	15	services for an employer for compensation under a contract for
16	16	hire, whether express or implied. The term does not include an
17	17	independent contractor.
18	18	(2) "Employer" means a person that employs one or more
19	19	employees.
20	20	(3) "Program" means the Texas Family Fund Program
21	21	established under Section 319.002.
22	22	Sec. 319.002. ESTABLISHMENT OF PROGRAM; RULEMAKING. (a)
23	23	The commission shall establish the Texas Family Fund Program to
24	24	administer, distribute payments for, and assess contributions for
25	25	paid parental leave under this chapter.
26	26	(b) The commission shall adopt rules as necessary to
27	27	implement this chapter.
28	28	Sec. 319.003. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES.
29	29	(a) This section applies only to an employee who:
30	30	(1) has worked for the employer:
31	31	(A) not less than 540 hours during the preceding
32	32	six months; or
33	33	(B) on a full-time basis during the preceding
34	34	three months.
35	35	(b) Subject to Subsections (c) and (d), an employee is
36	36	entitled to 12 weeks of paid leave funded by the program for the:
37	37	(1) birth of a child;
38	38	(2) birth of a child by the employee's spouse;
39	39	(3) birth of a child by a gestational surrogate; or
40	40	(4) adoption of a child.
41	41	(c) An employee who takes paid leave under Subsection (b) is
42	42	entitled to paid leave for each week of paid leave taken under that
43	43	subsection in an amount equal to:
44	44	(1) 100 percent of the employee's weekly wage if the
45	45	employee is paid:
46	46	(A) an hourly rate that is not greater than $15 an
47	47	hour; or
48	48	(B) an annual salary as a full-time employee that
49	49	is not greater than $31,200;
50	50	(2) 95 percent of the employee's weekly wage if the
51	51	employee is paid:
52	52	(A) an hourly rate that is more than $15 an hour
53	53	and not greater than $20 an hour; or
54	54	(B) an annual salary as a full-time employee that
55	55	is more than $31,200 and not greater than $41,600; or
56	56	(3) 80 percent of the employee's weekly wage or $1,000,
57	57	whichever amount is less, if the employee is paid:
58	58	(A) an hourly rate that is more than $20 an hour;
59	59	or
60	60	(B) an annual salary as a full-time employee that
61	61	is more than $41,600.
62	62	(d) This section does not entitle an employee to leave in
63	63	addition to any leave the employee is entitled to under the federal
64	64	Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
65	65	seq.). An employee is not entitled to paid leave under this section
66	66	for any period during which the employee is taking other paid leave.
67	67	(e) An employee who qualifies for leave under this section
68	68	under Subsection (a)(1)(A) only may not take leave under this
69	69	section:
70	70	(1) later than the first anniversary of the date of
71	71	birth or adoption of a child described by Subsection (b); and
72	72	(2) more than one time during a 12-month period.
73	73	Sec. 319.004. EMPLOYER CONTRIBUTION. (a) Except as
74	74	provided by Subsection (d), an employer shall pay a contribution on
75	75	wages paid during a calendar year. The contribution shall be paid to
76	76	the commission in accordance with rules adopted by the commission.
77	77	(b) An employer's contribution under Subsection (a) is an
78	78	amount equal to 0.15 percent of all wages paid by the employer
79	79	during the calendar year.
80	80	(c) An employer may not deduct any part of a contribution
81	81	under this section from the wages of an individual.
82	82	(d) This section does not apply to an employer that
83	83	maintains a self-funded paid leave policy.
84	84	Sec. 319.005. ADMINISTRATION OF CONTRIBUTIONS. (a) On
85	85	receipt of contributions under Section 319.004, the commission
86	86	shall forward the contributions to the comptroller.
87	87	(b) The comptroller shall immediately deposit contributions
88	88	under this chapter in the Texas Family Fund.
89	89	(c) The comptroller is custodian of the Texas Family Fund
90	90	and shall administer the fund in accordance with the directions of
91	91	the commission. The comptroller shall issue warrants on the Texas
92	92	Family Fund for the payment of paid leave under this chapter in
93	93	accordance with rules adopted by the commission.
94	94	Sec. 319.006. TEXAS FAMILY FUND. (a) The Texas Family Fund
95	95	is a special fund.
96	96	(b) The fund consists of:
97	97	(1) contributions collected under this chapter;
98	98	(2) interest earned on money in the fund; and
99	99	(3) other money received for the fund from any other
100	100	source.
101	101	(c) Benefits are due and payable only to the extent money is
102	102	available for that purpose in the fund. This state and the
103	103	commission are not liable for any amount in excess of the amount in
104	104	the fund.
105	105	SECTION 2. Not later than January 1, 2024, the Texas
106	106	Workforce Commission shall:
107	107	(1) establish the Texas Family Fund Program in
108	108	accordance with Section 319.002, Labor Code, as added by this Act;
109	109	and
110	110	(2) adopt rules necessary to implement Chapter 319,
111	111	Labor Code, as added by this Act.
112	112	SECTION 3. An employee is not entitled to paid leave under
113	113	Chapter 319, Labor Code, as added by this Act, before September 1,
114	114	2024.
115	115	SECTION 4. This Act takes effect September 1, 2023.