By Maxey                                               H.B. No. 220

      75R2183 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(6), Labor Code, is amended to read

 1-6     as follows:

 1-7                 (6)  "Disability" means, with respect to an individual,

 1-8     a mental or physical impairment that substantially limits at least

 1-9     one major life activity of that individual, a record of such an

1-10     impairment, or being regarded as having such an impairment. The

1-11     term does not include:

1-12                       (A)  a current condition of addiction to the use

1-13     of alcohol, a drug, an illegal substance, or a federally controlled

1-14     substance; or

1-15                       (B)  a currently communicable disease or

1-16     infection[, including acquired immune deficiency syndrome or

1-17     infection with the human immunodeficiency virus,] that constitutes

1-18     a direct threat to the health or safety of other persons or that

1-19     makes the affected person unable to perform the duties of the

1-20     person's employment.

1-21           SECTION 2.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

1-24     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended,

 2-2     and that this Act take effect and be in force from and after its

 2-3     passage, and it is so enacted.