89R9580 RDS-F     By: Zaffirini S.B. No. 2072       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of a paid parental leave program   administered by the Texas Workforce Commission; imposing an   employer contribution.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 4, Labor Code, is amended by   adding Chapter 320 to read as follows:   CHAPTER 320. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES          Sec. 320.001.  DEFINITIONS. In this chapter:                (1)  "Employee" means an individual who performs   services for an employer for compensation under a contract for   hire, whether express or implied. The term does not include an   independent contractor or a state employee to which Section   661.9125, Government Code, applies.                (2)  "Employer" means a person that employs one or more   employees.                (3)  "Program" means the Texas Family Fund Program   established under Section 320.002.          Sec. 320.002.  ESTABLISHMENT OF PROGRAM; RULEMAKING. (a)   The commission shall establish the Texas Family Fund Program to   administer, distribute payments for, and assess contributions for   paid parental leave under this chapter.          (b)  The commission shall adopt rules as necessary to   implement this chapter.          Sec. 320.003.  PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES.   (a) This section applies only to an employee who has worked for an   employer:                (1)  not less than 540 hours during the preceding six   months; or                (2)  on a full-time basis during the preceding three   months.          (b)  Subject to Subsections (c) and (d), an employee is   entitled to 12 weeks of paid leave funded by the program for the:                (1)  birth of a child;                (2)  birth of a child by the employee's spouse;                (3)  birth of a child by a gestational surrogate; or                (4)  adoption of a child.          (c)  An employee who takes paid leave under Subsection (b) is   entitled to paid leave for each week of paid leave taken under that   subsection in an amount equal to:                (1)  100 percent of the employee's weekly wage if the   employee is paid:                      (A)  an hourly rate that is not greater than $15 an   hour; or                      (B)  an annual salary as a full-time employee that   is not greater than $31,200;                (2)  95 percent of the employee's weekly wage if the   employee is paid:                      (A)  an hourly rate that is more than $15 an hour   and not greater than $20 an hour; or                      (B)  an annual salary as a full-time employee that   is more than $31,200 and not greater than $41,600; or                (3)  80 percent of the employee's weekly wage or $1,000,   whichever amount is less, if the employee is paid:                      (A)  an hourly rate that is more than $20 an hour;   or                      (B)  an annual salary as a full-time employee that   is more than $41,600.          (d)  This section does not entitle an employee to leave in   addition to any leave the employee is entitled to under the federal   Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et   seq.). An employee is not entitled to paid leave under this section   for any period during which the employee is taking other paid leave.          (e)  An employee who qualifies for leave under this section   under Subsection (a)(1) only may not take leave under this section:                (1)  later than the first anniversary of the date of   birth or adoption of a child described by Subsection (b); and                (2)  more than one time during a 12-month period.          Sec. 320.004.  EMPLOYER CONTRIBUTION. (a)  Except as   provided by Subsection (d), an employer shall pay a contribution on   wages paid during a calendar year. The contribution shall be paid to   the commission in accordance with rules adopted by the commission.          (b)  An employer's contribution under Subsection (a) is an   amount equal to 0.15 percent of all wages paid by the employer   during the calendar year.          (c)  An employer may not deduct any part of a contribution   under this section from the wages of an individual.          (d)  This section does not apply to an employer that   maintains a self-funded paid leave policy.          Sec. 320.005.  ADMINISTRATION OF CONTRIBUTIONS. (a)  On   receipt of contributions under Section 320.004, the commission   shall forward the contributions to the comptroller.          (b)  The comptroller shall immediately deposit contributions   under this chapter in the Texas Family Fund.          (c)  The comptroller is custodian of the Texas Family Fund   and shall administer the fund in accordance with the directions of   the commission. The comptroller shall issue warrants on the Texas   Family Fund for the payment of paid leave under this chapter in   accordance with rules adopted by the commission.          Sec. 320.006.  TEXAS FAMILY FUND. (a)  The Texas Family Fund   is a special fund.          (b)  The fund consists of:                (1)  contributions collected under this chapter;                (2)  interest earned on money in the fund; and                (3)  other money received for the fund from any other   source.          (c)  Benefits are due and payable only to the extent money is   available for that purpose in the fund. This state and the   commission are not liable for any amount in excess of the amount in   the fund.          SECTION 2.  Not later than January 1, 2026, the Texas   Workforce Commission shall:                (1)  establish the Texas Family Fund Program in   accordance with Section 320.002, Labor Code, as added by this Act;   and                (2)  adopt rules necessary to implement Chapter 320,   Labor Code, as added by this Act.          SECTION 3.  An employee is not entitled to paid leave under   Chapter 320, Labor Code, as added by this Act, before September 1,   2026.          SECTION 4.  This Act takes effect September 1, 2025.