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.