By Maxey                                               H.B. No. 377
       74R416 PB-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to discrimination in employment 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
    1-6  conform to Section 2, Chapter 276, Acts of the 73rd Legislature,
    1-7  Regular Session, 1993 (H.B. 860) and is amended to read as follows:
    1-8              (4)  "Disability" means, with respect to an individual,
    1-9  a mental or physical impairment that substantially limits at least
   1-10  one major life activity of that individual, <or> a record of such
   1-11  an <a mental or physical> impairment, or being regarded as having
   1-12  such an impairment <that substantially limits at least one major
   1-13  life activity>.  <The 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 a
   1-20  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.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended,
    2-4  and that this Act take effect and be in force from and after its
    2-5  passage, and it is so enacted.