HBA-NLM H.B. 1651 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1651
By: Coleman
Economic Development
3/18/1999
Introduced



BACKGROUND AND PURPOSE 

Some businesses allow parents to take time off from their job to
participate in a child's school activity or function.  However, many
employers do not provide parents with the opportunity to take time off for
these activities or functions, unless taken through existing vacation time,
sick leave, or through other compensatory leave. The purpose of this bill
is to entitle Texas employees up to eight hours in each calendar year to
meet with their children's school teachers or day care providers or to
otherwise participate in their children's school activities.  This bill
would require employers to pay employees for leave taken and would prohibit
the employer from penalizing those employees who take a planned absence. 

H.B. 1651 provides that an employee is not required to use existing
vacation leave, personal leave, or compensatory leave time for the purpose
of a planned absence authorized by this chapter, except as otherwise
provided. The provisions of this bill prohibit an employer from suspending
or terminating the employee who takes an authorized planned absence if the
employee has provided written notice. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Workforce Commission in
SECTION 1 (Section 83.010, Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle D, Title 2, Labor Code, by adding Chapter 83,
as follows: 

CHAPTER 83.  EMPLOYEE RIGHT TO PARTICIPATION
IN CERTAIN SCHOOL AND CHILD CARE FACILITY ACTIVITIES

Sec.  83.001.  DEFINITIONS.  Defines "employee" and "employer."

Sec. 83.002.  APPLICATION.  Applies this chapter to an employee who is a
parent, legal guardian, or custodial grandparent of a child who is in a
licensed or certified child care facility or prekindergarten through grade
12.  Defines "employee's child" for the purposes of this chapter. 

Sec. 83.003.  RIGHT TO PARTICIPATE IN CERTAIN SCHOOL ACTIVITIES.  Entitles
an employee who is subject to this chapter to time off as provided by this
section. 

Sec. 83.004.  USE OF LEAVE TIME.  Provides that an employee is not required
to use existing vacation leave, personal leave, or compensatory leave time
for the purpose of a planned absence  authorized by this chapter, except as
otherwise provided. Prohibits the use of leave time under this section from
being restricted under a collective bargaining agreement.  

Sec. 83.005.  EFFECT ON EMPLOYEE PAY.  Prohibits an employer from reducing
the pay owed to the employee for any pay period because of an employee's
planned absence. 

 Sec. 83.006. DOCUMENTATION. Requires an employee to provide documentation
of the employee's participation in a particular activity on the employer's
request. Defines "documentation" for the purposes of this section. 

Sec. 83.007.  SAME EMPLOYER.  Provides that if both parents of a child are
employed by the same employer at the same workplace, only the employee who
first gives notice to the employer may be entitled to time off. 

Sec. 83.008.  EMPLOYER RETALIATION PROHIBITED.  Prohibits an employer from
suspending or terminating the employee who takes an authorized planned
absence if the employee has provided written notice. Provides that an
employee who is terminated or suspended in violation of this chapter is
entitled to: 

_reinstatement to the employee's former or comparable position;
_compensation for lost wages during the termination or suspension;
_reinstatement of any fringe benefits and seniority rights; and
_payment by the employer of court costs and reasonable attorney's fees if
the employee brings an action to enforce this section. 

Sec. 83.009.  CIVIL PENALTY.  Provides that an employer who violates the
provisions of this chapter is liable for a civil penalty not to exceed
$1,000. Requires a civil penalty collected under this section to be
deposited in the state treasury to the credit of the general revenue fund. 

Sec. 83.010.  NOTICE TO EMPLOYEES.  Requires each employer to inform its
employees of their rights under this chapter by posting a conspicuous sign
in a specified area of the workplace. Requires the Texas Workforce
Commission by rule to prescribe the design and content of the sign required
by this section. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.