BILL ANALYSIS



S.B. 540
By: Zaffirini (Danburg)
4-19-95
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 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, S.B. 540 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

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 by a
     pregnancy.
     
     (b) Requires the municipality or county to offer to assign
       an employee to a temporary work assignment, if available,
       that the employee is capable of performing, 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

SB 540 was considered by the County Affairs Committee in a public
hearing on 4/19/95. Representative Danburg opened and closed. SB
540 was reported favorably with the recommendation that it do pass
and be printed, by the record vote of 5 ayes, 0 nays, 0 pnv, 4
absent.