| 1 | 1 | | 89R16167 DNC-D |
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| 2 | 2 | | By: Garcia of Bexar H.B. No. 5626 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the right of an employee to unpaid leave to donate an |
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| 10 | 10 | | organ or bone marrow or to receive an organ or bone marrow |
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| 11 | 11 | | transplant. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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| 14 | 14 | | adding Chapter 85 to read as follows: |
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| 15 | 15 | | CHAPTER 85. EMPLOYEE RIGHT TO UNPAID LEAVE TO DONATE AN ORGAN OR |
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| 16 | 16 | | BONE MARROW OR TO RECEIVE AN ORGAN OR BONE MARROW TRANSPLANT |
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| 17 | 17 | | Sec. 85.001. DEFINITIONS. In this chapter: |
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| 18 | 18 | | (1) "Employee" means a person other than an |
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| 19 | 19 | | independent contractor who, for compensation, performs services |
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| 20 | 20 | | for an employer under a written or oral contract of hire, whether |
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| 21 | 21 | | express or implied. |
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| 22 | 22 | | (2) "Employer" means a person who employs one or more |
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| 23 | 23 | | employees. The term does not include a public employer. |
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| 24 | 24 | | Sec. 85.002. RIGHT TO LEAVE FOR ORGAN OR BONE MARROW DONOR |
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| 25 | 25 | | OR ORGAN OR BONE MARROW TRANSPLANT RECIPIENT. (a) An employee is |
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| 26 | 26 | | entitled to unpaid leave for the time necessary to permit the |
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| 27 | 27 | | employee to serve as an organ or bone marrow donor or to receive an |
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| 28 | 28 | | organ or bone marrow transplant. |
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| 29 | 29 | | (b) An employee shall provide written notice to the employer |
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| 30 | 30 | | of the employee's intent to take unpaid leave under this chapter as |
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| 31 | 31 | | soon as is reasonably practicable. |
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| 32 | 32 | | Sec. 85.003. AMOUNT OF LEAVE. The leave to which an |
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| 33 | 33 | | employee is entitled under this chapter is the lesser of: |
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| 34 | 34 | | (1) the amount of leave requested by the employee; or |
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| 35 | 35 | | (2) 90 working days in a calendar year. |
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| 36 | 36 | | Sec. 85.004. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE |
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| 37 | 37 | | ACT. An employee who is entitled to leave under the federal Family |
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| 38 | 38 | | and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must |
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| 39 | 39 | | take leave under that law concurrent with any leave taken under this |
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| 40 | 40 | | chapter. |
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| 41 | 41 | | Sec. 85.005. UNLAWFUL EMPLOYMENT PRACTICE. An employer who |
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| 42 | 42 | | violates this chapter commits an unlawful employment practice under |
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| 43 | 43 | | Chapter 21. |
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| 44 | 44 | | SECTION 2. Chapter 85, Labor Code, as added by this Act, |
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| 45 | 45 | | applies only to an unlawful employment practice that occurs on or |
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| 46 | 46 | | after the effective date of this Act. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2025. |
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