HB334 - Relating to the establishment of a county employee family leave pool program.

      H.B. No. 334         AN ACT   relating to the establishment of a county employee family leave   pool program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 157, Local Government Code, is amended   by adding Subchapter E-1 to read as follows:   SUBCHAPTER E-1. COUNTY EMPLOYEE FAMILY LEAVE POOL PROGRAM           Sec. 157.081.  DEFINITIONS. In this subchapter:                 (1)     "Family leave pool" means a county employee family   leave pool created under a program.                 (2)     "Pool administrator" means the individual   responsible for administering a family leave pool.                 (3)     "Program" means a county employee family leave   pool program established under this subchapter.           Sec.   157.082.     ESTABLISHMENT OF COUNTY EMPLOYEE FAMILY LEAVE   POOL PROGRAM. (a) The commissioners court of a county by order may   establish a program to allow an employee of the county to   voluntarily transfer sick or vacation leave time earned by the   employee to a county employee family leave pool.           (b)  A program established under this section must:                 (1)  create a county employee family leave pool; and                 (2)     at a minimum comply with the provisions of this   subchapter.           (c)     If a program is established for a county under this   section, the county judge of the county shall:                 (1)     serve as the pool administrator of the family   leave pool for the county; or                 (2)     appoint an individual to serve as the pool   administrator of the family leave pool for the county.           Sec.   157.083.     CONTRIBUTION TO FAMILY LEAVE POOL. (a) A   county employee may contribute to the family leave pool of the   county that employs the employee one or more days of the employee's   accrued sick or vacation leave.           (b)     The pool administrator for a county shall credit the   county's family leave pool with the amount of time contributed by a   county employee and deduct a corresponding amount of time from the   employee's earned sick or vacation leave as if the employee had used   the time for personal purposes.           (c)     A retiring county employee may designate the number of   the retiring employee's accrued sick or vacation leave hours to be   used for retirement credit and the number of the retiring   employee's accrued sick or vacation leave hours to be donated on   retirement to the family leave pool of the county that employs the   retiring employee.           Sec.   157.084.     USE OF TIME IN POOL. (a) A county employee is   eligible to use time contributed to the family leave pool of the   county that employs the employee if the employee has exhausted the   employee's eligible compensatory, discretionary, sick, and   vacation leave because of:                 (1)  the birth of a child;                 (2)     the placement of a foster child or adoption of a   child under 18 years of age;                 (3)     the placement of any person 18 years of age or   older requiring guardianship;                 (4)     a serious illness to an immediate family member or   the employee, including a pandemic-related illness;                 (5)     an extenuating circumstance created by an ongoing   pandemic, including providing essential care to a family member; or                 (6)  a previous donation of time to the pool.           (b)     A county employee who applies to use time under   Subsection (a) to care for another person must submit and be listed   on the other person's birth certificate, birth facts, or adoption   or foster paperwork for a child under 18 years of age, including   being listed as the mother, father, adoptive parent, foster parent,   or spouse of the child's mother, father, adoptive parent, or foster   parent, or provide documentation that the employee is the guardian   of a person who is 18 years of age or older and requiring   guardianship.           Sec.   157.085.     WITHDRAWAL OF TIME FROM POOL. (a) A county   employee may apply to the pool administrator for the county that   employs the employee for permission to withdraw time from the   county's family leave pool.           (b)     A county employee who applies to withdraw time under   this section because of a serious illness, including a   pandemic-related illness, of the employee or an immediate family   member of the employee and does not qualify for or has exhausted   time available in the sick leave pool of the county that employs the   employee, if applicable, must provide the county's pool   administrator with a written statement from the licensed   practitioner who is treating the employee or the employee's   immediate family member.           (c)     A county employee who applies to withdraw time under   this section because of an extenuating circumstance created by an   ongoing pandemic, including providing essential care to a family   member, must provide any applicable documentation, including an   essential caregiver designation, proof of closure of a school or   daycare, or other appropriate documentation to the pool   administrator for the county that employs the employee.           (d)     If a pool administrator determines a county employee is   eligible to withdraw time under this section, the administrator   shall:                 (1)     approve the transfer of time from the county's   family leave pool to the employee; and                 (2)  credit the time to the employee.           Sec.   157.086.     LIMITATION ON WITHDRAWALS. (a) A county   employee may not withdraw time from the family leave pool of the   county that employs the employee in an amount that exceeds the   lesser of:                 (1)  one-third of the total time in the pool; or                 (2)  90 days.           (b)     Subject to Subsection (a), the pool administrator for a   county shall determine the amount of time that a county employee may   withdraw from the county's family leave pool.           Sec.   157.087.     EQUAL TREATMENT. A county employee absent   while using time withdrawn from the family leave pool of the county   that employs the employee may use the time as sick leave earned by   the employee. The employee shall be treated for all purposes as if   the employee is absent on earned sick leave.           Sec.   157.088.     NO ENTITLEMENT TO ESTATE. The estate of a   deceased county employee is not entitled to payment for unused time   withdrawn by the employee from the family leave pool of the county   that employs the employee.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 334 was passed by the House on May 2,   2025, by the following vote:  Yeas 131, Nays 3, 1 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 334 was passed by the Senate on May   13, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor