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  89R16167 DNC-D     By: Garcia of Bexar H.B. No. 5626       A BILL TO BE ENTITLED   AN ACT   relating to the right of an employee to unpaid leave to donate an   organ or bone marrow or to receive an organ or bone marrow   transplant.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 2, Labor Code, is amended by   adding Chapter 85 to read as follows:   CHAPTER   85.     EMPLOYEE RIGHT TO UNPAID LEAVE TO DONATE AN ORGAN OR   BONE MARROW OR TO RECEIVE AN ORGAN OR BONE MARROW TRANSPLANT           Sec. 85.001.  DEFINITIONS.  In this chapter:                 (1)     "Employee" means a person other than an   independent contractor who, for compensation, performs services   for an employer under a written or oral contract of hire, whether   express or implied.                 (2)     "Employer" means a person who employs one or more   employees.   The term does not include a public employer.           Sec.   85.002.     RIGHT TO LEAVE FOR ORGAN OR BONE MARROW DONOR   OR ORGAN OR BONE MARROW TRANSPLANT RECIPIENT.   (a)   An employee is   entitled to unpaid leave for the time necessary to permit the   employee to serve as an organ or bone marrow donor or to receive an   organ or bone marrow transplant.           (b)     An employee shall provide written notice to the employer   of the employee's intent to take unpaid leave under this chapter as   soon as is reasonably practicable.           Sec.   85.003.     AMOUNT OF LEAVE. The leave to which an   employee is entitled under this chapter is the lesser of:                 (1)  the amount of leave requested by the employee; or                 (2)  90 working days in a calendar year.           Sec.   85.004.     LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE   ACT. An employee who is entitled to leave under the federal Family   and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must   take leave under that law concurrent with any leave taken under this   chapter.           Sec.   85.005.     UNLAWFUL EMPLOYMENT PRACTICE. An employer who   violates this chapter commits an unlawful employment practice under   Chapter 21.          SECTION 2.  Chapter 85, Labor Code, as added by this Act,   applies only to an unlawful employment practice that occurs on or   after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.