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  84R1660 KSD-D
 
  By: Martinez H.B. No. 58
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an unlawful employment practice by an employer whose
  leave policy does not permit an employee to use leave to care for
  the employee's foster child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 21, Labor Code, is amended
  by adding Section 21.0595 to read as follows:
         Sec. 21.0595.  DISCRIMINATORY LEAVE POLICY AFFECTING
  EMPLOYEE'S ENTITLEMENT TO PERSONAL LEAVE TO CARE FOR SICK FOSTER
  CHILD. An employer commits an unlawful employment practice if:
               (1)  the employer administers a leave policy under
  which an employee is entitled to personal leave to care for or
  otherwise assist the employee's sick child; and
               (2)  the leave policy described by Subdivision (1) does
  not treat in the same manner as an employee's biological or adopted
  minor child any foster child of the employee who:
                     (A)  resides in the same household as the
  employee; and
                     (B)  is under the conservatorship of the
  Department of Family and Protective Services.
         SECTION 2.  Section 21.0595, Labor Code, as added by this
  Act, applies only to a claim of discrimination based on conduct that
  occurs on or after the effective date of this Act. A claim of
  discrimination that is based on conduct that occurs before the
  effective date of this Act is governed by the law in effect on the
  date the conduct occurred, and the former law is continued in effect
  for that purpose.
         SECTION 3.  This Act takes effect September 1, 2015.