HBA-BSM H.B. 2448 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2448 By: Dukes State Affairs 4/16/2001 Introduced BACKGROUND AND PURPOSE Currently, law enforcement agencies and fire departments administer multiple tests to their employees and prospective employees. The scores from these tests are then utilized to determine eligibility for employment, promotions in title, and promotions in pay. However, these tests may not be completely objective, and some departments and agencies may inadvertently discriminate against members of certain groups. House Bill 2448 requires that any test administered by a fire department or law enforcement agency be reviewed by the Commission on Human Rights to determine if the test has a disparate impact on any group such that it may cause employment discrimination. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Commission on Human Rights in SECTION 1 (Section 21.603, Labor Code) of this bill. ANALYSIS House Bill 2448 amends the Labor Code to require the Commission on Human Rights (commission) to review the administration of tests by fire departments and law enforcement agencies to determine whether the tests measuring job capability are administered in a manner that complies with current law. H.B. 2448 requires the commission by rule to establish a system to determine how to select the departments or agencies that the commission will review and when the commission will review a certain department or agency. The bill prohibits a test from being administered in a way that discriminates unless the discrimination is a result of a bona fide occupational qualification. In determining whether the administration of a test complies with current law, the commission is required to ascertain whether the test has had a disparate impact on any group defined by race, color, disability, religion, sex, national origin, or age. The bill requires the commission to recommend appropriate changes to current tests for fire departments and law enforcement agencies if they are found not to meet current standards. The bill also requires the fire department or law enforcement agency to revise their test to meet the commission's recommendations. The bill does not affect the authority of a fire department or a law enforcement agency 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 EFFECTIVE DATE September 1, 2001.