Commission Agenda Item No. 8
Presenter: Patty David
Action
Implementation of Legislation during the 87th Texas Legislative Session
House Bill 2063 – Recommended Adoption State Employee Family Leave Pool
August 26, 2021
I. Executive Summary: With this item, the staff seeks adoption of a proposed rule to implement the provisions of House Bill (H.B.) 2063, enacted by the 87th Texas Legislature (2021), which require the Commission to establish procedures by rule governing the operation of the employee family leave pool.
II. Discussion: H.B. 2063 amended Government Code, Chapter 661 to establish a state employee family leave pool to provide eligible state employees more flexibility in bonding with and caring for children during a child’s first year following birth, adoption, or foster placement and in caring for a seriously ill family member or the employee. Under the provisions of H.B. 2063, each state agency is required to adopt rules to create and administer an employee family leave pool.
At the Work Session meeting on May 26, 2021, the staff was authorized to publish proposed rules in the Texas Register for public comment as necessary to implement legislation from the most recent session of the Texas Legislature. The proposed rules appeared in the July 23, 2021 issue of the Texas Register (46 TexReg 4438). A summary of public comment on the proposed rule will be presented at the time of the hearing.
III. Recommendation: The staff recommends that the Commission adopt the proposed motion:
“The Texas Parks and Wildlife Commission adopts new §51.142, concerning Family Leave Pool, with changes as necessary to the proposed text as published in the July 23, 2021 issue of the Texas Register (46 TexReg 4438).”
Attachment – 1
Commission Agenda Item No. 8
Exhibit A
REGULATIONS REQUIRED OR AUTHORIZED BY LEGISLATION
HOUSE BILL 2063 — FAMILY LEAVE POOL RULES
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes new 31 TAC §51.142, concerning Family Leave Pool. The most recent session of the Texas Legislature enacted House Bill (H.B.) 2063, which amended Government Code, Chapter 661 by adding new Subchapter A-1 to require each state agency to create and administer an employee family leave pool. Under the provisions of H.B. 2063, the governing body of each state agency is required to adopt rules and prescribe procedures relating to the operation of the agency family leave pool.
The proposed new rule would set forth the purpose of the family leave pool, designate a pool administrator, and require the pool administrator, with the advice and consent of the executive director of the agency, to develop and implement operating procedures consistent with the requirements of the proposed new rule and relevant law governing operation of the pool. The proposed rule action would also retitle Subchapter E to reflect the creation of the new type of leave pool. The new title will be Leave Pools.
2. Fiscal Note.
Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.
3. Public Benefit/Cost Note.
Mr. Macdonald also has determined that that for each of the first five years that the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be compliance with the directives of the legislature.
(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rule will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, the department has determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.
(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:
(1) create a government program (the family leave pool);
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of any fee;
(5) create a new regulation (to create the family leave pool);
(6) not expand an existing regulation;
(7) neither increase nor decrease the number of individuals subject to regulation; and
(8) not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposed rule may be submitted to Patty David, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4808; email: patty.david@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.
5. Statutory Authority.
The new rule is proposed under the authority of Government Code, §661.022, which requires the commission to adopt rules to create and administer an employee family leave pool.
The proposed new rule affects Government Code, Chapter 661.
6. Rule Text.
§51.142. Family Leave Pool. A family leave pool is established to provide eligible employees more flexibility in bonding and caring for children during a child’s first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic.
(1) The director of human resources is designated as the pool administrator.
(2) The pool administrator, with the advice and consent of the executive director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool.
(3) Donations to the pool are strictly voluntary.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issued in Austin, Texas, on