1 | 1 | | 89R4141 RAL-D |
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2 | 2 | | By: Johnson S.B. No. 237 |
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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 a public school paid parental leave policy, an |
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10 | 10 | | allotment under the Foundation School Program for the cost of |
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11 | 11 | | providing paid parental leave under that policy, and the |
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12 | 12 | | eligibility of certain children for free prekindergarten programs. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Subchapter A, Chapter 22, Education Code, is |
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15 | 15 | | amended by adding Section 22.0035 to read as follows: |
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16 | 16 | | Sec. 22.0035. PAID PARENTAL LEAVE POLICY. (a) A school |
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17 | 17 | | district or open-enrollment charter school may adopt a paid |
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18 | 18 | | parental leave policy under which a full-time employee of the |
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19 | 19 | | district or school is entitled to paid parental leave following |
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20 | 20 | | the: |
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21 | 21 | | (1) birth of a child; |
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22 | 22 | | (2) birth of a child by the employee's spouse; |
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23 | 23 | | (3) birth of a child by a gestational surrogate; or |
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24 | 24 | | (4) adoption of a child. |
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25 | 25 | | (b) If a school district or open-enrollment charter school |
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26 | 26 | | adopts a paid parental leave policy described by Subsection (a), |
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27 | 27 | | the policy: |
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28 | 28 | | (1) must provide: |
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29 | 29 | | (A) eight consecutive weeks of paid parental |
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30 | 30 | | leave for an employee who is the primary caregiver of the child; or |
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31 | 31 | | (B) four consecutive weeks of paid parental leave |
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32 | 32 | | for an employee who is the spouse of the primary caregiver of the |
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33 | 33 | | child; |
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34 | 34 | | (2) must require that: |
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35 | 35 | | (A) an employee be employed on a full-time basis |
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36 | 36 | | by the school district or open-enrollment charter school for at |
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37 | 37 | | least 12 months before becoming eligible for paid parental leave; |
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38 | 38 | | (B) an employee's eligibility for paid parental |
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39 | 39 | | leave expires on the six-month anniversary of the date of the |
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40 | 40 | | child's birth or placement with the employee; and |
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41 | 41 | | (C) an employee who has been granted paid |
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42 | 42 | | parental leave under the policy take the leave concurrently with |
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43 | 43 | | leave for which the employee is eligible under the federal Family |
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44 | 44 | | and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.); and |
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45 | 45 | | (3) may not require an employee to first use all |
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46 | 46 | | available and applicable paid vacation and sick leave before taking |
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47 | 47 | | paid parental leave under the policy. |
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48 | 48 | | (c) Not later than November 1 of each even-numbered year, |
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49 | 49 | | the agency shall prepare and submit to the legislature a report on |
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50 | 50 | | paid parental leave provided under a policy adopted under this |
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51 | 51 | | section. The report must include: |
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52 | 52 | | (1) the number of employees who took paid parental |
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53 | 53 | | leave under the policy during the preceding two years, |
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54 | 54 | | disaggregated by school district and open-enrollment charter |
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55 | 55 | | school; |
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56 | 56 | | (2) the costs of providing paid parental leave under |
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57 | 57 | | the policy during the preceding two years; |
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58 | 58 | | (3) projections regarding future participation in and |
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59 | 59 | | costs of paid parental leave provided under the policy; and |
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60 | 60 | | (4) any recommendations for legislative or other |
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61 | 61 | | action. |
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62 | 62 | | SECTION 2. Section 29.153(b), Education Code, is amended to |
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63 | 63 | | read as follows: |
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64 | 64 | | (b) A child is eligible for enrollment in a prekindergarten |
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65 | 65 | | class under this section if the child is at least three years of age |
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66 | 66 | | and: |
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67 | 67 | | (1) is unable to speak and comprehend the English |
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68 | 68 | | language; |
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69 | 69 | | (2) is educationally disadvantaged; |
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70 | 70 | | (3) is homeless, regardless of the residence of the |
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71 | 71 | | child, of either parent of the child, or of the child's guardian or |
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72 | 72 | | other person having lawful control of the child; |
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73 | 73 | | (4) is the child of an active duty member of the armed |
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74 | 74 | | forces of the United States, including the state military forces or |
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75 | 75 | | a reserve component of the armed forces, who is ordered to active |
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76 | 76 | | duty by proper authority; |
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77 | 77 | | (5) is the child of a member of the armed forces of the |
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78 | 78 | | United States, including the state military forces or a reserve |
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79 | 79 | | component of the armed forces, who was injured or killed while |
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80 | 80 | | serving on active duty; |
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81 | 81 | | (6) is or ever has been in: |
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82 | 82 | | (A) the conservatorship of the Department of |
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83 | 83 | | Family and Protective Services following an adversary hearing held |
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84 | 84 | | as provided by Section 262.201, Family Code; or |
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85 | 85 | | (B) foster care in another state or territory, if |
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86 | 86 | | the child resides in this state; [or] |
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87 | 87 | | (7) is the child of a person eligible for the Star of |
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88 | 88 | | Texas Award as: |
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89 | 89 | | (A) a peace officer under Section 3106.002, |
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90 | 90 | | Government Code; |
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91 | 91 | | (B) a firefighter under Section 3106.003, |
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92 | 92 | | Government Code; or |
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93 | 93 | | (C) an emergency medical first responder under |
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94 | 94 | | Section 3106.004, Government Code; or |
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95 | 95 | | (8) is the child of a person employed as a classroom |
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96 | 96 | | teacher at a public primary or secondary school in this state. |
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97 | 97 | | SECTION 3. Subchapter D, Chapter 48, Education Code, is |
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98 | 98 | | amended by adding Section 48.157 to read as follows: |
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99 | 99 | | Sec. 48.157. HEALTHY FAMILIES ALLOTMENT. For each employee |
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100 | 100 | | who received paid parental leave under a policy adopted under |
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101 | 101 | | Section 22.0035 during the preceding school year, a school district |
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102 | 102 | | is entitled to an annual allotment equal to the amount of the |
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103 | 103 | | employee's compensation for the period for which the employee |
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104 | 104 | | received paid parental leave under that policy. |
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105 | 105 | | SECTION 4. Section 22.0035, Education Code, as added by |
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106 | 106 | | this Act, and Section 29.153(b), Education Code, as amended by this |
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107 | 107 | | Act, apply beginning with the 2025-2026 school year. |
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108 | 108 | | SECTION 5. (a) Except as provided by Subsection (b) of this |
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109 | 109 | | section, this Act takes effect immediately if it receives a vote of |
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110 | 110 | | two-thirds of all the members elected to each house, as provided by |
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111 | 111 | | Section 39, Article III, Texas Constitution. If this Act does not |
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112 | 112 | | receive the vote necessary for immediate effect, this Act takes |
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113 | 113 | | effect September 1, 2025. |
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114 | 114 | | (b) Section 48.157, Education Code, as added by this Act, |
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115 | 115 | | takes effect September 1, 2025. |
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