BILL ANALYSIS



H.B. 1951
By: Danburg
April 11, 1995
Committee Report (Unamended)


BACKGROUND

Currently, public employees who are pregnant can take leave from
work under several state and federal provisions when they no longer
can perform their jobs.  However, there is no provision for law
enforcement officers who are only partially physically restricted
due to a pregnancy.  These employees may be disqualified by their
physician from continuing work in their regular job, but could work
in another, less strenuous, work assignment.  Once a physician
certifies that a law enforcement officer can no longer perform
patrol functions, that same officer could continue to work in a
desk or dispatch assignment.  There have been incidents in which
these temporary work assignments were available, but the employer
refused to allow the employee to keep working.


PURPOSE

As proposed, H.B. 1951 requires a municipality or county to make a
reasonable effort to accommodate the employment needs of pregnant
municipal and county employees.


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 Chapter 180, Local Government Code, by adding
Section 180.004, as follows:

     Sec. 180.004. PREGNANT EMPLOYEES. (a) Requires a municipality
or a county to make a reasonable effort to accommodate an employee
of the municipality or county determined by a physician to be
partially physically restricted by a pregnancy.

           (b) Requires the municipality or county to assign an
employee to a temporary work assignment, if available, that the
employee may perform, if the employee's physician certifies that
the employee is unable to perform a permanent work assignment.

SECTION 2. Effective date.  September 1, 1995.

SECTION 3. Emergency Clause.



SUMMARY OF COMMITTEE ACTION

HB 1951 was considered by the committee in a public hearing on
April 10, 1995.  The following people testified in favor of the
bill: Rep. Danburg; Ronald G. DeLord, representing Combined Law
Enforcement Associations of Texas.  The bill was reported favorably
without amendment, with the recommendation that it do pass and be
printed, by a record vote of 7 ayes, 1 nay, 0 pnv, and 1 absent.