85R3028 KSD-D     By: Martinez H.B. No. 88       A BILL TO BE ENTITLED   AN ACT   relating to an unlawful employment practice by an employer whose   leave policy does not permit an employee to use leave to care for   the employee's foster child.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 21, Labor Code, is amended   by adding Section 21.0595 to read as follows:          Sec. 21.0595.  DISCRIMINATORY LEAVE POLICY AFFECTING   EMPLOYEE'S ENTITLEMENT TO PERSONAL LEAVE TO CARE FOR SICK FOSTER   CHILD. An employer commits an unlawful employment practice if:                (1)  the employer administers a leave policy under   which an employee is entitled to personal leave to care for or   otherwise assist the employee's sick child; and                (2)  the leave policy described by Subdivision (1) does   not treat in the same manner as an employee's biological or adopted   minor child any foster child of the employee who:                      (A)  resides in the same household as the   employee; and                      (B)  is under the conservatorship of the   Department of Family and Protective Services.          SECTION 2.  Section 21.0595, Labor Code, as added by this   Act, applies only to a claim of discrimination based on conduct that   occurs on or after the effective date of this Act. A claim of   discrimination that is based on conduct that occurs before the   effective date of this Act is governed by the law in effect on the   date the conduct occurred, and the former law is continued in effect   for that purpose.          SECTION 3.  This Act takes effect September 1, 2017.