Bill Summary – FastDemocracy

      
            S.B. No. 222
         
               AN ACT
            
            relating to paid leave by certain state employees for the birth or 
         
            adoption of a child.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 661.912, Government Code, is amended to 
         
            read as follows:
         
                   Sec. 661.912.  FAMILY AND MEDICAL LEAVE ACT.  (a)  Except as 
         
            provided by Section 661.9125, to [To] the extent required by 
         
            federal law, a state employee who has a total of at least 12 months 
         
            of state service and who has worked at least 1,250 hours during the 
         
            12-month period preceding the beginning of leave under this section 
         
            is entitled to leave under the federal Family and Medical Leave Act 
         
            of 1993 (29 U.S.C. Section 2601 et seq.).
         
                   (b)  The employee must first use all available and applicable 
         
            paid vacation and sick leave while taking leave under this section, 
         
            except that an employee who is receiving temporary disability 
         
            benefits or workers' compensation benefits or is taking paid leave 
         
            under Section 661.9125 is not required to first use applicable paid 
         
            vacation or sick leave while receiving those benefits or taking 
         
            paid leave under Section 661.9125.
         
                   SECTION 2.  Subchapter Z, Chapter 661, Government Code, is 
         
            amended by adding Section 661.9125 to read as follows:
         
                   Sec. 661.9125.  PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES.  
         
            (a)  This section applies only to a state employee who:
         
                         (1)  is a member of the Employees Retirement System of 
         
            Texas or is employed by a board, commission, department, or other 
         
            agency in the executive branch of state government created by the 
         
            constitution or a statute of this state, except for an institution 
         
            of higher education as defined by Section 61.003, Education Code; 
         
            and
         
                         (2)  takes leave under Section 661.912 for the:
         
                               (A)  birth of a child;
         
                               (B)  birth of a child by the employee's spouse;
         
                               (C)  birth of a child by a gestational surrogate; 
         
            or 
         
                               (D)  adoption of a child.
         
                   (b)  Except as provided by Subsection (c), a state employee 
         
            who takes leave under Section 661.912 for the purpose of Subsection 
         
            (a)(2)(A) is entitled to 40 days of paid leave during leave taken 
         
            under that section. 
         
                   (c)  A state employee who takes leave under Section 661.912 
         
            for the purpose of Subsection (a)(2)(B), (C), or (D) is entitled to 
         
            20 days of paid leave during leave taken under Section 661.912.
         
                   (d)  This section does not entitle an employee to any leave 
         
            in addition to leave taken under Section 661.912.
         
                   (e)  A state employee is not required to use all available 
         
            paid vacation and sick leave before the employee is entitled to take 
         
            paid leave under this section.
         
                   (f)  This section may not be construed to:
         
                         (1)  create an employment right;
         
                         (2)  confer a protected status; or
         
                         (3)  create a cause of action against this state.
         
                   SECTION 3.  This Act takes effect September 1, 2023.
         
            ______________________________
            ______________________________
         
               President of the Senate
            Speaker of the House     
         
                   I hereby certify that S.B. No. 222 passed the Senate on 
         
            March 22, 2023, by the following vote:  Yeas 31, Nays 0; 
         
            May 1, 2023, Senate refused to concur in House amendments and 
         
            requested appointment of Conference Committee; May 5, 2023, House 
         
            granted request of the Senate; May 26, 2023, Senate adopted 
         
            Conference Committee Report by the following vote:  Yeas 31, 
         
            Nays 0.
         
            ______________________________
         
            Secretary of the Senate    
         
                   I hereby certify that S.B. No. 222 passed the House, with 
         
            amendments, on April 25, 2023, by the following vote:  Yeas 139, 
         
            Nays 9, one present not voting; May 5, 2023, House granted request 
         
            of the Senate for appointment of Conference Committee; 
         
            Statutes affected: 
Introduced: Government Code 661.912 (Government Code 661)
Senate Committee Report: Government Code 661.912 (Government Code 661)
Engrossed: Government Code 661.912 (Government Code 661)
House Committee Report: Government Code 661.912 (Government Code 661)
Enrolled: Government Code 661.912 (Government Code 661)




	AN ACT
	relating to paid leave by certain state employees for the birth or
	adoption of a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 661.912, Government Code, is amended to
	read as follows:
	Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) Except as
	provided by Section 661.9125, to [To] the extent required by
	federal law, a state employee who has a total of at least 12 months
	of state service and who has worked at least 1,250 hours during the
	12-month period preceding the beginning of leave under this section
	is entitled to leave under the federal Family and Medical Leave Act
	of 1993 (29 U.S.C. Section 2601 et seq.).
	(b) The employee must first use all available and applicable
	paid vacation and sick leave while taking leave under this section,
	except that an employee who is receiving temporary disability
	benefits or workers' compensation benefits or is taking paid leave
	under Section 661.9125 is not required to first use applicable paid
	vacation or sick leave while receiving those benefits or taking
	paid leave under Section 661.9125.
	SECTION 2. Subchapter Z, Chapter 661, Government Code, is
	amended by adding Section 661.9125 to read as follows:
	Sec. 661.9125. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES.
	(a) This section applies only to a state employee who:
	(1) is a member of the Employees Retirement System of
	Texas or is employed by a board, commission, department, or other
	agency in the executive branch of state government created by the
	constitution or a statute of this state, except for an institution
	of higher education as defined by Section 61.003, Education Code;
	and
	(2) takes leave under Section 661.912 for the:
	(A) birth of a child;
	(B) birth of a child by the employee's spouse;
	(C) birth of a child by a gestational surrogate;
	or
	(D) adoption of a child.
	(b) Except as provided by Subsection (c), a state employee
	who takes leave under Section 661.912 for the purpose of Subsection
	(a)(2)(A) is entitled to 40 days of paid leave during leave taken
	under that section.
	(c) A state employee who takes leave under Section 661.912
	for the purpose of Subsection (a)(2)(B), (C), or (D) is entitled to
	20 days of paid leave during leave taken under Section 661.912.
	(d) This section does not entitle an employee to any leave
	in addition to leave taken under Section 661.912.
	(e) A state employee is not required to use all available
	paid vacation and sick leave before the employee is entitled to take
	paid leave under this section.
	(f) This section may not be construed to:
	(1) create an employment right;
	(2) confer a protected status; or
	(3) create a cause of action against this state.
	SECTION 3. This Act takes effect September 1, 2023.






	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 222 passed the Senate on
	March 22, 2023, by the following vote: Yeas 31, Nays 0;
	May 1, 2023, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 5, 2023, House
	granted request of the Senate; May 26, 2023, Senate adopted
	Conference Committee Report by the following vote: Yeas 31,
	Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 222 passed the House, with
	amendments, on April 25, 2023, by the following vote: Yeas 139,
	Nays 9, one present not voting; May 5, 2023, House granted request
	of the Senate for appointment of Conference Committee;
	Statutes affected: Introduced: Government Code 661.912 (Government Code 661) Senate Committee Report: Government Code 661.912 (Government Code 661) Engrossed: Government Code 661.912 (Government Code 661) House Committee Report: Government Code 661.912 (Government Code 661) Enrolled: Government Code 661.912 (Government Code 661)