By Dukes                                              H.B. No. 2448
         77R6438 ATP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the review by the Commission on Human Rights of tests
 1-3     given by fire departments and law enforcement agencies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 21, Labor Code, is amended by adding
 1-6     Subchapter L to read as follows:
 1-7                SUBCHAPTER L.  REVIEW OF FIRE DEPARTMENT AND
 1-8                        LAW ENFORCEMENT AGENCY TESTS
 1-9           Sec. 21.601.  DEFINITIONS. In this subchapter:
1-10                 (1)  "Fire department" has the meaning assigned by
1-11     Section 419.021, Government Code.
1-12                 (2)  "Law enforcement agency" means an agency of the
1-13     state or an agency of a political subdivision of the state
1-14     authorized by law to appoint, commission, or employ peace officers
1-15     under Article 2.12, Code of Criminal Procedure, or other law.
1-16           Sec. 21.602.  APPLICABILITY.  This subchapter applies to any
1-17     test administered by a fire department or a law enforcement agency
1-18     used to measure the ability of a person to perform the essential
1-19     functions of a job.
1-20           Sec. 21.603.  REVIEW OF TESTS. (a)  The commission shall
1-21     review the administration of tests by fire departments and law
1-22     enforcement agencies to determine whether the tests are
1-23     administered in a manner that complies with this chapter.
1-24           (b)  The commission shall by rule establish a system to
 2-1     determine how to select the departments or agencies that the
 2-2     commission will review and when the commission will review a
 2-3     certain department or agency.
 2-4           Sec. 21.604.  DISCRIMINATION PROHIBITED; DISPARATE IMPACT.
 2-5     (a)  A test may not be administered in a manner that discriminates
 2-6     on the basis of race or color.  A test may not be administered in a
 2-7     manner that discriminates on the basis of disability, religion,
 2-8     sex, national origin, or age unless the discrimination is a result
 2-9     of a bona fide occupational qualification.
2-10           (b)  In determining whether the administration of a test
2-11     complies with this chapter, the commission shall ascertain whether
2-12     the test has had a disparate impact on any group defined by race,
2-13     color, disability, religion, sex, national origin, or age.  If the
2-14     disparate impact on a group is the result of a bona fide
2-15     occupational qualification, the fire department or law enforcement
2-16     agency has complied with this chapter.
2-17           Sec. 21.605.  VIOLATION OF CHAPTER; RECOMMENDATIONS OF
2-18     COMMISSION. (a)  If the commission determines that the
2-19     administration of a test by a fire department or law enforcement
2-20     agency does not comply with this chapter, the commission shall
2-21     recommend appropriate changes for the administration of the test.
2-22           (b)  The department or agency shall consider a recommendation
2-23     made under Subsection (a) and shall revise the administration of
2-24     its tests to comply with this chapter.
2-25           Sec. 21.606.  AUTHORITY TO ADMINISTER TEST. This subchapter
2-26     does not affect the authority of a fire department or a law
2-27     enforcement agency to administer, devise, or conduct a test or to
 3-1     require a certain level of performance on a test as a prerequisite
 3-2     to employment or continued employment.
 3-3           SECTION 2. This Act takes effect September 1, 2001.