1-1     By:  Maxey (Senate Sponsor - Gallegos)                 H.B. No. 220

 1-2           (In the Senate - Received from the House April 1, 1997;

 1-3     April 2, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 16, 1997, reported favorably by the following vote:

 1-5     Yeas 13, Nays 0; May 16, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to discrimination in employment based on certain perceived

 1-9     disabilities.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 21.002(6), Labor Code, is amended to read

1-12     as follows:

1-13                 (6)  "Disability" means, with respect to an individual,

1-14     a mental or physical impairment that substantially limits at least

1-15     one major life activity of that individual, a record of such an

1-16     impairment, or being regarded as having such an impairment. The

1-17     term does not include:

1-18                       (A)  a current condition of addiction to the use

1-19     of alcohol, a drug, an illegal substance, or a federally controlled

1-20     substance; or

1-21                       (B)  a currently communicable disease or

1-22     infection as defined in Section 81.003, Health and Safety Code, or

1-23     required to be reported under Section 81.041, Health and Safety

1-24     Code, [including acquired immune deficiency syndrome or infection

1-25     with the human immunodeficiency virus,] that constitutes a direct

1-26     threat to the health or safety of other persons or that makes the

1-27     affected person unable to perform the duties of the person's

1-28     employment.

1-29           SECTION 2.  The importance of this legislation and the

1-30     crowded condition of the calendars in both houses create an

1-31     emergency and an imperative public necessity that the

1-32     constitutional rule requiring bills to be read on three several

1-33     days in each house be suspended, and this rule is hereby suspended,

1-34     and that this Act take effect and be in force from and after its

1-35     passage, and it is so enacted.

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