Texas 2021 87th Regular

Texas Senate Bill SB1323 Engrossed / Bill

Filed 04/09/2021

                    By: Hinojosa S.B. No. 1323


 A BILL TO BE ENTITLED
 AN ACT
 relating to preemployment physical examinations for employment
 with the Texas Department of Transportation.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  The heading to Section 505.054, Labor Code, is
 amended to read as follows:
 Sec. 505.054.  PREEMPLOYMENT PHYSICAL [REQUIRED]; EXAMINING
 PHYSICIANS.
 SECTION 2.  Sections 505.054(a) and (c), Labor Code, are
 amended to read as follows:
 (a)  The department may require that an [An] individual may
 not be certified as an employee of the department under this chapter
 until the individual:
 (1)  submits to a physical examination as provided by
 this section; and
 (2)  is certified by the examining physician to be
 physically fit to perform the duties and services to which the
 individual is to be assigned.
 (c)  The department may [shall] designate a convenient
 number of regularly licensed practicing physicians to make physical
 examinations of individuals [employed by or to be employed by the
 department] to determine if the individuals are physically fit for
 employment with the [to be classified as] department [employees].
 SECTION 3.  Section 505.054(b), Labor Code, is repealed.
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2021.