Amend CSSB 382 by adding the following appropriately numbered
SECTIONS and renumbering subsequent SECTIONS of the bill
accordingly:
      SECTION ____. Chapter 419, Government Code, is amended by
adding Subchapter F to read as follows:
          SUBCHAPTER F.  REVIEW OF FIRE DEPARTMENT TESTS
      Sec. 419.101.  APPLICABILITY. This subchapter applies to  the
initial tests administered by a fire department used to measure the
ability of a person to perform the essential functions of a job.
      Sec. 419.102.  REVIEW OF TESTS. (a)  The commission, in
cooperation with the Commission on Human Rights, shall review the
administration of tests by fire departments to determine whether
the tests are administered in a manner that complies with Chapter
21, Labor Code.
      (b)  The commission shall by rule establish an objective
system to determine how to select the departments the commission
will review and when the commission will review a certain
department.
      Sec. 419.103.  DISCRIMINATION PROHIBITED; DISPARATE IMPACT.
(a)  A test may not be administered in a manner that discriminates
on the basis of race or color.  A test may not be administered in a
manner that discriminates on the basis of disability, religion,
sex, national origin, or age unless the discrimination is a result
of a bona fide occupational qualification.
      (b)  In determining whether the administration of a test
complies with Chapter 21, Labor Code, the commission shall
ascertain whether the test has had a disparate impact on any group
defined by race, color, disability, religion, sex, national origin,
or age.  If the disparate impact on a group is the result of a bona
fide occupational qualification, the fire department has complied
with that chapter.
      Sec. 419.104.  VIOLATION; RECOMMENDATIONS OF COMMISSION. (a)
If the commission determines that the administration of a test by a
fire department does not comply with Chapter 21, Labor Code, the
commission shall recommend appropriate changes for the
administration of the test.
      (b)  The department shall consider a recommendation made
under Subsection (a)  and shall revise the administration of its
tests to comply with this chapter.
      Sec. 419.105.  AUTHORITY TO ADMINISTER TEST. This subchapter
does not affect the authority of a fire department to administer,
devise, or conduct a test or to require a certain level of
performance on a test as a prerequisite to employment or continued
employment.