Texas 2025 - 89th Regular

Texas Senate Bill SB2072 Compare Versions

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

Old	New	Differences
1	1	89R9580 RDS-F
2	2	By: Zaffirini S.B. No. 2072
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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 for an employer for compensation under a contract for
19	19	hire, whether express or implied. The term does not include an
20	20	independent contractor or a state employee to which Section
21	21	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 has worked for an
34	34	employer:
35	35	(1) not less than 540 hours during the preceding six
36	36	months; or
37	37	(2) on a full-time basis during the preceding three
38	38	months.
39	39	(b) Subject to Subsections (c) and (d), an employee is
40	40	entitled to 12 weeks of paid leave funded by the program for the:
41	41	(1) birth of a child;
42	42	(2) birth of a child by the employee's spouse;
43	43	(3) birth of a child by a gestational surrogate; or
44	44	(4) adoption of a child.
45	45	(c) An employee who takes paid leave under Subsection (b) is
46	46	entitled to paid leave for each week of paid leave taken under that
47	47	subsection in an amount equal to:
48	48	(1) 100 percent of the employee's weekly wage if the
49	49	employee is paid:
50	50	(A) an hourly rate that is not greater than $15 an
51	51	hour; or
52	52	(B) an annual salary as a full-time employee that
53	53	is not greater than $31,200;
54	54	(2) 95 percent of the employee's weekly wage if the
55	55	employee is paid:
56	56	(A) an hourly rate that is more than $15 an hour
57	57	and not greater than $20 an hour; or
58	58	(B) an annual salary as a full-time employee that
59	59	is more than $31,200 and not greater than $41,600; or
60	60	(3) 80 percent of the employee's weekly wage or $1,000,
61	61	whichever amount is less, if the employee is paid:
62	62	(A) an hourly rate that is more than $20 an hour;
63	63	or
64	64	(B) an annual salary as a full-time employee that
65	65	is more than $41,600.
66	66	(d) This section does not entitle an employee to leave in
67	67	addition to any leave the employee is entitled to under the federal
68	68	Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
69	69	seq.). An employee is not entitled to paid leave under this section
70	70	for any period during which the employee is taking other paid leave.
71	71	(e) An employee who qualifies for leave under this section
72	72	under Subsection (a)(1) only may not take leave under this section:
73	73	(1) later than the first anniversary of the date of
74	74	birth or adoption of a child described by Subsection (b); and
75	75	(2) more than one time during a 12-month period.
76	76	Sec. 320.004. EMPLOYER CONTRIBUTION. (a) Except as
77	77	provided by Subsection (d), an employer shall pay a contribution on
78	78	wages paid during a calendar year. The contribution shall be paid to
79	79	the commission in accordance with rules adopted by the commission.
80	80	(b) An employer's contribution under Subsection (a) is an
81	81	amount equal to 0.15 percent of all wages paid by the employer
82	82	during the calendar year.
83	83	(c) An employer may not deduct any part of a contribution
84	84	under this section from the wages of an individual.
85	85	(d) This section does not apply to an employer that
86	86	maintains a self-funded paid leave policy.
87	87	Sec. 320.005. ADMINISTRATION OF CONTRIBUTIONS. (a) On
88	88	receipt of contributions under Section 320.004, the commission
89	89	shall forward the contributions to the comptroller.
90	90	(b) The comptroller shall immediately deposit contributions
91	91	under this chapter in the Texas Family Fund.
92	92	(c) The comptroller is custodian of the Texas Family Fund
93	93	and shall administer the fund in accordance with the directions of
94	94	the commission. The comptroller shall issue warrants on the Texas
95	95	Family Fund for the payment of paid leave under this chapter in
96	96	accordance with rules adopted by the commission.
97	97	Sec. 320.006. TEXAS FAMILY FUND. (a) The Texas Family Fund
98	98	is a special fund.
99	99	(b) The fund consists of:
100	100	(1) contributions collected under this chapter;
101	101	(2) interest earned on money in the fund; and
102	102	(3) other money received for the fund from any other
103	103	source.
104	104	(c) Benefits are due and payable only to the extent money is
105	105	available for that purpose in the fund. This state and the
106	106	commission are not liable for any amount in excess of the amount in
107	107	the fund.
108	108	SECTION 2. Not later than January 1, 2026, the Texas
109	109	Workforce Commission shall:
110	110	(1) establish the Texas Family Fund Program in
111	111	accordance with Section 320.002, Labor Code, as added by this Act;
112	112	and
113	113	(2) adopt rules necessary to implement Chapter 320,
114	114	Labor Code, as added by this Act.
115	115	SECTION 3. An employee is not entitled to paid leave under
116	116	Chapter 320, Labor Code, as added by this Act, before September 1,
117	117	2026.
118	118	SECTION 4. This Act takes effect September 1, 2025.