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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of an employee to unpaid leave to donate an |
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organ or bone marrow or to receive an organ or bone marrow |
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transplant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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adding Chapter 85 to read as follows: |
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CHAPTER 85. EMPLOYEE RIGHT TO UNPAID LEAVE TO DONATE AN ORGAN OR |
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BONE MARROW OR TO RECEIVE AN ORGAN OR BONE MARROW TRANSPLANT |
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Sec. 85.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means a person other than an |
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independent contractor who, for compensation, performs services |
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for an employer under a written or oral contract of hire, whether |
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express or implied. |
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(2) "Employer" means a person who employs one or more |
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employees. The term does not include a public employer. |
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Sec. 85.002. RIGHT TO LEAVE FOR ORGAN OR BONE MARROW DONOR |
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OR ORGAN OR BONE MARROW TRANSPLANT RECIPIENT. (a) An employee is |
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entitled to unpaid leave for the time necessary to permit the |
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employee to serve as an organ or bone marrow donor or to receive an |
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organ or bone marrow transplant. |
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(b) An employee shall provide written notice to the employer |
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of the employee's intent to take unpaid leave under this chapter as |
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soon as is reasonably practicable. |
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Sec. 85.003. AMOUNT OF LEAVE. The leave to which an |
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employee is entitled under this chapter is the lesser of: |
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(1) the amount of leave requested by the employee; or |
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(2) 90 working days in a calendar year. |
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Sec. 85.004. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE |
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ACT. An employee who is entitled to leave under the federal Family |
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and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must |
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take leave under that law concurrent with any leave taken under this |
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chapter. |
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Sec. 85.005. UNLAWFUL EMPLOYMENT PRACTICE. An employer who |
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violates this chapter commits an unlawful employment practice under |
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Chapter 21. |
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SECTION 2. Chapter 85, Labor Code, as added by this Act, |
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applies only to an unlawful employment practice that occurs on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |