HBA-RBT H.B. 764 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 764
By: Dutton
Economic Development
3/17/1999
Introduced



BACKGROUND AND PURPOSE 

Studies have shown that students that have parental involvement in their
school activities tend to do better in their class work and are less of a
discipline problem than students whose parents are not involved.  Current
law requires parental attendance at hearings for discipline problems, and
proposed legislation requires parental attendance at retention and
promotional hearings.  The law does not address the factors that inhibit
parental involvement.  Some parents are unable to attend hearings or other
activities due to the economic hardship caused by leaving work.  H.B. 764
allows a parent, legal guardian, or custodial grandparent of a child who is
in prekindergarten through grade 12 to take two hours off per semester to
meet with the child's teacher or attend other school activities without
loss of pay or termination from work. 
 
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 ACTIVITIES

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

Sec.  83.002.  APPLICATION.  Defines "employee's child."  Provides that
this chapter applies to an employee who is a parent, legal guardian, or
custodial grandparent of a child who is in prekindergarten through grade
12. 

Sec.  83.003.  RIGHT TO PARTICIPATE IN CERTAIN SCHOOL ACTIVITIES.  Entitles
an employee who is subject to this chapter to up to two hours off per
semester to meet with a teacher of the employee's child or to participate
in a school activity of the employee's child.  Provides that before taking
time off under this section, an employee must provide the employer with
reasonable advance written notice of the planned absence of the employee. 

Sec.  83.004.  USE OF LEAVE TIME.  Provides that an employee is not
required to use existing vacation leave time, personal leave time, or
compensatory leave time for the purpose of a planned absence authorized by
this chapter except as otherwise provided by a collective bargaining
agreement entered into before September 1, 1999.  Prohibits a collective
bargaining agreement that is entered on or after September 1, 1999, from
restricting the use of leave time under this section. 

Sec.  83.005.  EFFECT ON EMPLOYEE PAY.  Prohibits an employer from reducing
the pay otherwise owed an employee for any pay period because the employee
took time off during that pay period for the purpose of a planned absence
authorized by this chapter. 

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

Sec.  83.007.  SAME EMPLOYER.  Provides that if both parents of a child are
employed by the same employer at the same workplace, whichever parent first
gives notice is the only parent entitled to exercise the right granted
under Section 83.003.  Provides that the other parent is entitled to time
off to attend the school activity only as approved by the employer. 


Sec.  83.008.  EMPLOYER RETALIATION PROHIBITED.  Prohibits an employer from
suspending, terminating, or otherwise discriminating against an employee
who takes a planned absence authorized by this chapter to participate in a
school activity of the employee's child if the employee has given written
notice as required under Section 83.003. Entitles an employee who is
suspended or terminated in violation of this chapter to reinstatement in
the same or a comparable position, compensation for lost wages, and
reinstatement of any fringe benefits and seniority. 

Sec.  83.009.  CIVIL PENALTY.  Sets an employer's maximum civil liability
for a violation of this chapter to be $1,000.  Authorizes the attorney
general or an appropriate prosecuting attorney to sue to collect a civil
penalty under this section.  Requires any civil penalty collected under
this section to be deposited to the credit of the general revenue fund in
the state treasury. 

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 prominent location in the employer's workplace.  Requires the Texas
Workforce Commission, by rule, to prescribe the design and content of the
sign. 

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

SECTION 3.  Emergency clause.