HBA-TBM C.S.H.B. 2260 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2260
By: Danburg
County Affairs
3/25/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, public employees who are pregnant can take leave from work under
several state and federal provisions when they no are longer capable of
performing their jobs.  However, there is no provision for law enforcement
officers who are only partially physically restricted due to pregnancy.
Municipal and county employees may have been ordered by their physician to
not continue working at their regular assignment, but they may still be
able to perform in another less strenuous work assignment.  In the case of
a law enforcement officer, once a physician certifies that the officer
should no longer perform patrol functions, the officer may be able to
continue to work in a desk or dispatch assignment.  C.S.H.B. 2260 requires
a municipality or county to make a reasonable effort to accommodate the
employment needs of pregnant municipal and county employees.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2260 amends the Local Government Code to require a municipality or
county to make a reasonable effort to accommodate an employee of the
municipality or county determined by a physician to be partially physically
restricted by a pregnancy.  If the physician of a municipal or county
employee certifies that the employee is unable to perform the duties of the
employee's permanent work assignment as a result of the employee's
pregnancy and if a temporary work assignment that the employee may perform
is available in the same office, the office supervisor who is responsible
for personnel decisions is required to assign the employee to the temporary
work assignment.   

EFFECTIVE DATE

September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2260 differs from the original by providing a definition of
"office".  The substitute adds that a temporary work assignment must be in
the same office as a pregnant employee's regular position for the employee
to be transferred.  The substitute specifies that it is the office
supervisor who is responsible for personnel decisions, rather than the
municipality or county, who is required to reassign a pregnant employee.