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.