74R11018 PB-F
          By Maxey, et al.                                       H.B. No. 377
          Substitute the following for H.B. No. 377:
          By Oliveira                                        C.S.H.B. No. 377
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to employment discrimination based on certain perceived
    1-3  disabilities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 21.002(4), Labor Code, is amended to read
    1-6  as follows:
    1-7              (4)  "Disability" means, with respect to an individual,
    1-8  a mental or physical impairment that substantially limits one or
    1-9  more major life activity of that individual, <or> a record of such
   1-10  an <a mental or physical> impairment, or being regarded as having
   1-11  such an impairment <that substantially limits at least one major
   1-12  life activity>.  Except as provided by Section 21.0025, the <The>
   1-13  term does not include:
   1-14                    (A)  a current condition of addiction to the use
   1-15  of alcohol, a drug,  an illegal substance, or a federally
   1-16  controlled substance; or
   1-17                    (B)  a currently communicable disease or
   1-18  infection<, including acquired immune deficiency syndrome or
   1-19  infection with the human immunodeficiency virus,> that constitutes
   1-20  a direct threat to the health or safety of other persons or that
   1-21  makes the affected person unable to perform the duties of the
   1-22  person's employment.
   1-23        SECTION 2.  Subchapter A, Chapter 21, Labor Code, is amended
   1-24  by adding Section 21.0025 to read as follows:
    2-1        Sec. 21.0025.  EFFECT OF REHABILITATION PROGRAM; EFFECT OF
    2-2  ERRONEOUS PERCEPTION.  An individual is not disqualified from being
    2-3  disabled for purposes of this chapter if the individual:
    2-4              (1)  has successfully completed a drug or alcohol abuse
    2-5  rehabilitation program or has otherwise been successfully
    2-6  rehabilitated and is no longer engaging in the illegal use of
    2-7  alcohol, a drug, a substance, or a federally controlled substance;
    2-8              (2)  is participating in a supervised rehabilitation
    2-9  program and is no longer engaging in that illegal use; or
   2-10              (3)  is erroneously regarded as engaging in that
   2-11  illegal use.
   2-12        SECTION 3.  This Act takes effect September 1, 1995, and
   2-13  applies only to a perfected complaint filed with the Commission on
   2-14  Human Rights on or after that date.  A perfected complaint filed
   2-15  before the effective date of this Act is governed by the law in
   2-16  effect at the time the complaint was filed, and the former law is
   2-17  continued in effect for that purpose.
   2-18        SECTION 4.  (a)  In addition to the changes in law made by
   2-19  this Act to the application of certain laws prohibiting employment
   2-20  discrimination, this Act conforms certain provisions of the Labor
   2-21  Code regarding those laws to certain changes made by Chapter 276,
   2-22  Acts of the 73rd Legislature, Regular Session, 1993.
   2-23        (b)  To the extent of any conflict, this Act prevails over
   2-24  another Act of the 74th Legislature, Regular Session, 1995,
   2-25  relating to nonsubstantive additions to and corrections in enacted
   2-26  codes.
   2-27        SECTION 5.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.