89R16167 DNC-D
By: Garcia of Bexar H.B. No. 5626
A BILL TO BE ENTITLED
AN ACT
relating to the right of an employee to unpaid leave to donate an
organ or bone marrow or to receive an organ or bone marrow
transplant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 85 to read as follows:
CHAPTER 85. EMPLOYEE RIGHT TO UNPAID LEAVE TO DONATE AN ORGAN OR
BONE MARROW OR TO RECEIVE AN ORGAN OR BONE MARROW TRANSPLANT
Sec. 85.001. DEFINITIONS. In this chapter:
(1) "Employee" means a person other than an
independent contractor who, for compensation, performs services
for an employer under a written or oral contract of hire, whether
express or implied.
(2) "Employer" means a person who employs one or more
employees. The term does not include a public employer.
Sec. 85.002. RIGHT TO LEAVE FOR ORGAN OR BONE MARROW DONOR
OR ORGAN OR BONE MARROW TRANSPLANT RECIPIENT. (a) An employee is
entitled to unpaid leave for the time necessary to permit the
employee to serve as an organ or bone marrow donor or to receive an
organ or bone marrow transplant.
(b) An employee shall provide written notice to the employer
of the employee's intent to take unpaid leave under this chapter as
soon as is reasonably practicable.
Sec. 85.003. AMOUNT OF LEAVE. The leave to which an
employee is entitled under this chapter is the lesser of:
(1) the amount of leave requested by the employee; or
(2) 90 working days in a calendar year.
Sec. 85.004. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE
ACT. An employee who is entitled to leave under the federal Family
and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must
take leave under that law concurrent with any leave taken under this
chapter.
Sec. 85.005. UNLAWFUL EMPLOYMENT PRACTICE. An employer who
violates this chapter commits an unlawful employment practice under
Chapter 21.
SECTION 2. Chapter 85, Labor Code, as added by this Act,
applies only to an unlawful employment practice that occurs on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.