BILL ANALYSIS



C.S.H.B. 377
By: Maxey
April 27, 1995
Committee Report (Substituted)


BACKGROUND

When the Federal Americans with Disabilities Act was passed in
1991, discrimination on the basis of perceived disability was
included in the Act.  No legislation at the state level has been
passed to address this problem in Texas.

PURPOSE

The purpose of this bill is to add the definition of perceived
disability to Texas law, and will bring the State into compliance
with the federal Americans with Disabilities Act.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 21.002(4), Labor Code, to define
"disability" to mean, with respect to an individual, a mental or
physical impairment that substantially limits at least one major
life activity of that individual, a record of such an impairment,
or being regarded as having such an impairment.  Except as provided
by Section 21.0025, the term does not include:

               (A) a current condition of addiction to the use of
               alcohol, a drug, an illegal substance, or a
               federally controlled substance; or

               (B) a currently communicable disease or infection
               that constitutes a direct threat to the health or
               safety of other persons or that makes the affected
               person unable to perform the duties of the person's
               employment.

SECTION 2. Amends Subchapter A, Chapter 21, Labor Code, by adding
Section 21.0025 as follows:

     Sec. 21.0025. EFFECT OF REHABILITATION PROGRAM; EFFECT OF
     ERRONEOUS PERCEPTION. An individual is not disqualified from
     being disabled if the individual:

           (1) has successfully completed a drug or alcohol abuse
           rehabilitation program or has been successfully
           rehabilitated;

           (2) is participating in a supervised rehabilitation
           program; or

           (3) is erroneously regarded as engaging in that illegal
           use.

SECTION 3. This section takes effect September 1, 1995.  Makes
complaints filed before and after this governed by the law that was
in effect when the complaint was filed.

SECTION 4. (a) This Act conforms certain provisions of the Labor
Code regarding those laws to certain changes made by Chapter 276,
Acts of the 73rd Legislature, Regular Session, 1993.

     (b) This Act prevails over another Act of the 74th
     Legislature, Regular Session, 1995, relating to nonsubstantive
     additions to and corrections in enacted codes.

SECTION 5. Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill defined "Disability" to mean, with respect to an
individual, a mental or physical impairment that substantially
limits at least one major life activity of that individual, a
record of such on impairment, or being regarded as having such an
impairment.  The original bill deleted from the definition of
"Disability" so that a disability does not include a current
condition of addiction to the use of alcohol, a drug, on illegal
substance, or a federally controlled substance; or a currently
communicable disease or infection, including acquired immune
deficiency syndrome or infection with the human immunodeficiency
virus, that constitutes a direct threat to the health or safety of
other persons or that makes the affected person unable to perform
the duties of the person's employment.

The substitute adds and replaces to the definition of "Disability"
except as provided by  Section  21.0025, the term does not include
a current condition of addiction to the use of alcohol, a drug, an
illegal substance, or a federally controlled substance; or a
currently communicable disease or infection a direct threat to the
health or safety of other persons or that makes the affected person
unable to perform the duties of the person's employment.  The
substitute also adds a section  for effect of rehabilitation
program which addresses specifications for an individual not to be
disqualified from being disabled.

SUMMARY OF COMMITTEE ACTION

H.B 377 was consider by the committee in a public hearing in 18,
1995.  The committee considered a complete substitute to H.B 377. 
Testifying on the bill was Frank Thompson, representing himself. 
Testifying in favor of the bill was Judith Sokolow, representing
Advocacy, Inc.; and Nancy Epstein, representing the Disability
Policy Consortium.  Testifying against the bill was Christopher A.
Knepp, representing the Texas Employment Law Council; Carolyn
Galloway, representing the Texas Eagle Forum; and Ted B. Roberts,
representing the Texas Association of Business & Chambers of
Commerce.  H.B. 377 was left pending.  H.B. 377 was reconsidered by
the committee in a formal meeting on April 24, 1995.  The committee
considered a second complete substitute for H.B. 377.  The second
substitute was adopted without objection.  H.B. 377 was reported
favorably as substituted, with the recommendation that it do pass
and be printed, by a record vote of 7 ayes, 1 nays, o pnv, 1
absent.