(a) This section applies only to a state employee who:
(1) is a member of the Employees Retirement System of Texas or is employed by a board, commission, department, or other agency in the executive branch of state government created by the constitution or a statute of this state, except for an institution of higher education as defined by § 61.003, Education Code; and
(2) takes leave under § 661.912 for the:
(A) birth of a child;
(B) birth of a child by the employee’s spouse;
(C) birth of a child by a gestational surrogate; or
(D) adoption of a child.
(b) Except as provided by Subsection (c), a state employee who takes leave under § 661.912 for the purpose of Subsection (a)(2)(A) is entitled to 40 days of paid leave during leave taken under that section.

(c) A state employee who takes leave under § 661.912 for the purpose of Subsection (a)(2)(B), (C), or (D) is entitled to 20 days of paid leave during leave taken under § 661.912.
(d) This section does not entitle an employee to any leave in addition to leave taken under § 661.912.
(e) A state employee is not required to use all available paid vacation and sick leave before the employee is entitled to take paid leave under this section.
(f) This section may not be construed to:
(1) create an employment right;
(2) confer a protected status; or
(3) create a cause of action against this state.