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


Office of House Bill AnalysisH.B. 2260
By: Danburg
County Affairs
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Currently, public employees who are pregnant can take leave from work under
several state and federal provisions when they are no longer capable of
performing their jobs.  However, prior to the 77th Legislature, there was
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.  House Bill 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

House Bill 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.