| 1 | 1 | | S.B. No. 222 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to paid leave by certain state employees for the birth or |
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| 6 | 6 | | adoption of a child. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 661.912, Government Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) Except as |
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| 11 | 11 | | provided by Section 661.9125, to [To] the extent required by |
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| 12 | 12 | | federal law, a state employee who has a total of at least 12 months |
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| 13 | 13 | | of state service and who has worked at least 1,250 hours during the |
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| 14 | 14 | | 12-month period preceding the beginning of leave under this section |
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| 15 | 15 | | is entitled to leave under the federal Family and Medical Leave Act |
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| 16 | 16 | | of 1993 (29 U.S.C. Section 2601 et seq.). |
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| 17 | 17 | | (b) The employee must first use all available and applicable |
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| 18 | 18 | | paid vacation and sick leave while taking leave under this section, |
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| 19 | 19 | | except that an employee who is receiving temporary disability |
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| 20 | 20 | | benefits or workers' compensation benefits or is taking paid leave |
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| 21 | 21 | | under Section 661.9125 is not required to first use applicable paid |
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| 22 | 22 | | vacation or sick leave while receiving those benefits or taking |
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| 23 | 23 | | paid leave under Section 661.9125. |
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| 24 | 24 | | SECTION 2. Subchapter Z, Chapter 661, Government Code, is |
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| 25 | 25 | | amended by adding Section 661.9125 to read as follows: |
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| 26 | 26 | | Sec. 661.9125. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES. |
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| 27 | 27 | | (a) This section applies only to a state employee who: |
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| 28 | 28 | | (1) is a member of the Employees Retirement System of |
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| 29 | 29 | | Texas or is employed by a board, commission, department, or other |
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| 30 | 30 | | agency in the executive branch of state government created by the |
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| 31 | 31 | | constitution or a statute of this state, except for an institution |
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| 32 | 32 | | of higher education as defined by Section 61.003, Education Code; |
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| 33 | 33 | | and |
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| 34 | 34 | | (2) takes leave under Section 661.912 for the: |
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| 35 | 35 | | (A) birth of a child; |
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| 36 | 36 | | (B) birth of a child by the employee's spouse; |
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| 37 | 37 | | (C) birth of a child by a gestational surrogate; |
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| 38 | 38 | | or |
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| 39 | 39 | | (D) adoption of a child. |
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| 40 | 40 | | (b) Except as provided by Subsection (c), a state employee |
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| 41 | 41 | | who takes leave under Section 661.912 for the purpose of Subsection |
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| 42 | 42 | | (a)(2)(A) is entitled to 40 days of paid leave during leave taken |
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| 43 | 43 | | under that section. |
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| 44 | 44 | | (c) A state employee who takes leave under Section 661.912 |
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| 45 | 45 | | for the purpose of Subsection (a)(2)(B), (C), or (D) is entitled to |
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| 46 | 46 | | 20 days of paid leave during leave taken under Section 661.912. |
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| 47 | 47 | | (d) This section does not entitle an employee to any leave |
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| 48 | 48 | | in addition to leave taken under Section 661.912. |
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| 49 | 49 | | (e) A state employee is not required to use all available |
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| 50 | 50 | | paid vacation and sick leave before the employee is entitled to take |
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| 51 | 51 | | paid leave under this section. |
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| 52 | 52 | | (f) This section may not be construed to: |
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| 53 | 53 | | (1) create an employment right; |
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| 54 | 54 | | (2) confer a protected status; or |
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| 55 | 55 | | (3) create a cause of action against this state. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 57 | 57 | | ______________________________ ______________________________ |
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| 58 | 58 | | President of the Senate Speaker of the House |
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| 59 | 59 | | I hereby certify that S.B. No. 222 passed the Senate on |
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| 60 | 60 | | March 22, 2023, by the following vote: Yeas 31, Nays 0; |
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| 61 | 61 | | May 1, 2023, Senate refused to concur in House amendments and |
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| 62 | 62 | | requested appointment of Conference Committee; May 5, 2023, House |
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| 63 | 63 | | granted request of the Senate; May 26, 2023, Senate adopted |
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| 64 | 64 | | Conference Committee Report by the following vote: Yeas 31, |
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| 65 | 65 | | Nays 0. |
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| 66 | 66 | | ______________________________ |
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| 67 | 67 | | Secretary of the Senate |
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| 68 | 68 | | I hereby certify that S.B. No. 222 passed the House, with |
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| 69 | 69 | | amendments, on April 25, 2023, by the following vote: Yeas 139, |
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| 70 | 70 | | Nays 9, one present not voting; May 5, 2023, House granted request |
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| 71 | 71 | | of the Senate for appointment of Conference Committee; |
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| 72 | 72 | | May 25, 2023, House adopted Conference Committee Report by the |
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| 73 | 73 | | following vote: Yeas 136, Nays 3, two present not voting. |
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| 74 | 74 | | ______________________________ |
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| 75 | 75 | | Chief Clerk of the House |
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| 76 | 76 | | Approved: |
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| 77 | 77 | | ______________________________ |
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| 78 | 78 | | Date |
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| 79 | 79 | | ______________________________ |
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| 80 | 80 | | Governor |
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