Texas 2025 - 89th Regular

Texas House Bill HB3059 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5049 RDS-F
2	2	By: Morales Shaw H.B. No. 3059
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of a paid parental leave program
10	10	administered by the Texas Workforce Commission; imposing an
11	11	employer contribution.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
14	14	adding Chapter 320 to read as follows:
15	15	CHAPTER 320. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES
16	16	Sec. 320.001. DEFINITIONS. In this chapter:
17	17	(1) "Employee" means an individual who performs
18	18	services in this state for an employer for compensation under a
19	19	contract for hire, whether express or implied. The term does not
20	20	include an independent contractor or a state employee to which
21	21	Section 661.9125, Government Code, applies.
22	22	(2) "Employer" means a person that employs one or more
23	23	employees.
24	24	(3) "Program" means the Texas Family Fund Program
25	25	established under Section 320.002.
26	26	Sec. 320.002. ESTABLISHMENT OF PROGRAM; RULEMAKING. (a)
27	27	The commission shall establish the Texas Family Fund Program to
28	28	administer, distribute payments for, and assess contributions for
29	29	paid parental leave under this chapter.
30	30	(b) The commission shall adopt rules as necessary to
31	31	implement this chapter.
32	32	Sec. 320.003. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES.
33	33	(a) This section applies only to an employee who:
34	34	(1) is employed by an employer that:
35	35	(A) employs at least 50 employees; or
36	36	(B) voluntarily makes a contribution on wages
37	37	under Section 320.005; and
38	38	(2) during the preceding 12 months, has worked for the
39	39	employer:
40	40	(A) not less than 1,540 hours and on a full-time
41	41	basis; or
42	42	(B) if the employee is not classified by the
43	43	employer as a full-time employee, not less than 30 hours per week.
44	44	(b) For purposes of Subsection (a), an hour for which an
45	45	employee uses paid or unpaid leave not described by this section is
46	46	considered an hour the employee worked for the employer.
47	47	(c) Subject to Subsection (d), an employee to whom this
48	48	section applies is entitled, on request, to:
49	49	(1) 40 days of paid leave for the birth of a child by
50	50	the employee; or
51	51	(2) 20 days of paid leave for the:
52	52	(A) birth of a child by the employee's spouse;
53	53	(B) birth of a child by a gestational surrogate;
54	54	(C) adoption of a child; or
55	55	(D) provision of foster care or kinship care to a
56	56	child younger than one year of age who is in the conservatorship of
57	57	the Department of Family and Protective Services.
58	58	(d) The amount of paid leave to which an employee is
59	59	entitled under Subsection (c) for each week of leave taken under
60	60	that subsection is an amount equal to the lesser of:
61	61	(1) the employee's average weekly wage during the
62	62	12-month period preceding the first day that the employee takes
63	63	leave under that subsection; or
64	64	(2) the state average weekly wage as determined under
65	65	Section 408.047 during the most recent complete calendar quarter
66	66	preceding the first day that the employee takes leave under that
67	67	subsection.
68	68	(e) This section does not entitle an employee to leave in
69	69	addition to any leave the employee is entitled to under the federal
70	70	Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
71	71	seq.). An employee is not entitled to paid leave under this section
72	72	for any period during which the employee is taking other paid leave.
73	73	(f) An employee may not take leave under this section:
74	74	(1) later than the first anniversary of the date of
75	75	birth or adoption of a child or placement of a child in foster care
76	76	or kinship care; or
77	77	(2) more than one time during a 12-month period.
78	78	(g) An employer may not take an adverse employment action
79	79	against an employee because the employee has taken or plans to take
80	80	paid leave under this section. For purposes of this subsection,
81	81	"adverse employment action" includes termination or suspension of
82	82	the employee's employment, an action that affects the employee's
83	83	compensation, promotion, or performance evaluation, or any other
84	84	employment action that would dissuade a reasonable employee from
85	85	taking paid leave under this chapter.
86	86	Sec. 320.004. EMPLOYER CONTRIBUTION. (a) Except as
87	87	provided by Subsection (d), an employer shall pay a contribution on
88	88	wages paid to an employee to whom Section 320.003 applies during a
89	89	calendar quarter in an amount equal to 0.15 percent of the wages
90	90	paid by the employer to the employee during the calendar quarter.
91	91	(b) The contribution shall be paid to the commission in
92	92	accordance with rules adopted by the commission.
93	93	(c) An employer may deduct not more than 50 percent of the
94	94	amount of a contribution under this section from the wages of the
95	95	employee.
96	96	(d) This section does not apply to:
97	97	(1) an employer that maintains a self-funded policy
98	98	that provides leave to employees who meet the requirements of
99	99	Section 320.003; or
100	100	(2) the amount of wages paid to an employee during a
101	101	calendar year that is more than the maximum amount of wages for
102	102	which an employee is subject to taxation for that year under the
103	103	federal Social Security Act (42 U.S.C. Section 430), as calculated
104	104	under Section 230 of that Act.
105	105	Sec. 320.005. VOLUNTARY PARTICIPATION BY CERTAIN
106	106	EMPLOYERS. Notwithstanding any other provision of this chapter, an
107	107	employer that employs less than 50 employees may pay a contribution
108	108	on wages in the amount and manner described by Section 320.004.
109	109	Sec. 320.006. ADMINISTRATION OF CONTRIBUTIONS. (a) On
110	110	receipt of contributions under Section 320.004 or 320.005, the
111	111	commission shall forward the contributions to the comptroller.
112	112	(b) The comptroller shall immediately deposit contributions
113	113	under this chapter in the Texas Family Fund.
114	114	Sec. 320.007. TEXAS FAMILY FUND. (a) The Texas Family Fund
115	115	is a special fund.
116	116	(b) The fund consists of:
117	117	(1) contributions collected under this chapter;
118	118	(2) interest earned on money in the fund; and
119	119	(3) other money received for the fund from any other
120	120	source.
121	121	(c) Benefits are due and payable only to the extent money is
122	122	available for that purpose in the fund. This state and the
123	123	commission are not liable for any amount in excess of the amount in
124	124	the fund.
125	125	(d) The comptroller may use money in the fund to pay the
126	126	necessary and reasonable expenses of administering the fund, not to
127	127	exceed in any year four percent of the money received for the fund
128	128	under Subsection (b) in that year.
129	129	SECTION 2. Not later than January 1, 2026, the Texas
130	130	Workforce Commission shall:
131	131	(1) establish the Texas Family Fund Program in
132	132	accordance with Section 320.002, Labor Code, as added by this Act;
133	133	and
134	134	(2) adopt rules necessary to implement Chapter 320,
135	135	Labor Code, as added by this Act.
136	136	SECTION 3. (a) An employee is not entitled to paid leave
137	137	under Chapter 320, Labor Code, as added by this Act, before January
138	138	1, 2027.
139	139	(b) Section 320.003, Labor Code, as added by this Act,
140	140	applies only to the birth or adoption of a child or placement of a
141	141	child in foster care or kinship care that occurs on or after January
142	142	1, 2027.
143	143	(c) Section 320.004, Labor Code, as added by this Act,
144	144	applies beginning January 1, 2026.
145	145	SECTION 4. This Act takes effect September 1, 2025.