BWH C.S.H.B. 1503 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.H.B. 1503
By: Chavez
4-16-97
Committee Report (Substituted)



BACKGROUND 

Local governments, though mandated to conform with the Americans with
Disabilities Act, are not obligated to make "a reasonable effort" to
re-assign pregnant employees if the employee becomes partially disabled
and unable to perform her job duties due to pregnancy.  Often, pregnant
employees have no choice but to take a leave of absence until they are no
longer pregnant, or the pregnancy ceases to be a disabling condition. 

PURPOSE

The purpose of this Act is to require cities and counties to make a
"reasonable effort" to temporarily re-assign a pregnant employee to a
position that is available and one she is qualified to do, until such time
as she is no longer disabled due to pregnancy. 

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 Sec.
180.004 as follows: 
 1) Subsection (a) mandates that a county or municipality treat a pregnant
employee in the same manner as other nonpregnant employees, but
differently only according to the person's ability to perform the work;
and 
 2) Subsection (b) allows allows a municipality or county to provide
"reasonable accommodation" to a pregnant employee. 

SECTION 2.  Effective date is September 1, 1997.

SECTION 3.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The C.S.H.B. 1503 makes the following changes to the original:
 1) Amends Subsection (a) by deleting the original language and
substituting new language which requires that a pregnant employee be
treated in the same manner as other nonpregnant employees, but differently
only according to the person's ability to perform the work; and 
 2) Amends Subsection (b) by deleting the original language and
substituting new language which allows a municipality or county to provide
"reasonable accommodation" to a pregnant employee.