| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to preemployment physical examinations for employment |
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| 6 | 8 | | with the Texas Department of Transportation. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. The heading to Section 505.054, Labor Code, is |
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| 9 | 11 | | amended to read as follows: |
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| 10 | 12 | | Sec. 505.054. PREEMPLOYMENT PHYSICAL [REQUIRED]; EXAMINING |
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| 11 | 13 | | PHYSICIANS. |
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| 12 | 14 | | SECTION 2. Sections 505.054(a) and (c), Labor Code, are |
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| 13 | 15 | | amended to read as follows: |
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| 14 | 16 | | (a) The department may require that an [An] individual may |
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| 15 | 17 | | not be certified as an employee of the department under this chapter |
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| 16 | 18 | | until the individual: |
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| 17 | 19 | | (1) submits to a physical examination as provided by |
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| 18 | 20 | | this section; and |
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| 19 | 21 | | (2) is certified by the examining physician to be |
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| 20 | 22 | | physically fit to perform the duties and services to which the |
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| 21 | 23 | | individual is to be assigned. |
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| 22 | 24 | | (c) The department may [shall] designate a convenient |
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| 23 | 25 | | number of regularly licensed practicing physicians to make physical |
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| 24 | 26 | | examinations of individuals [employed by or to be employed by the |
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| 25 | 27 | | department] to determine if the individuals are physically fit for |
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| 26 | 28 | | employment with the [to be classified as] department [employees]. |
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| 27 | 29 | | SECTION 3. Section 505.054(b), Labor Code, is repealed. |
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| 28 | 30 | | SECTION 4. This Act takes effect immediately if it receives |
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| 29 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 34 | | Act takes effect September 1, 2021. |
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| 33 | | - | ______________________________ ______________________________ |
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| 34 | | - | President of the Senate Speaker of the House |
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| 35 | | - | I hereby certify that S.B. No. 1323 passed the Senate on |
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| 36 | | - | April 9, 2021, by the following vote: Yeas 31, Nays 0. |
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| 37 | | - | ______________________________ |
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| 38 | | - | Secretary of the Senate |
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| 39 | | - | I hereby certify that S.B. No. 1323 passed the House on |
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| 40 | | - | May 18, 2021, by the following vote: Yeas 131, Nays 6, two |
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| 41 | | - | present not voting. |
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| 42 | | - | ______________________________ |
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| 43 | | - | Chief Clerk of the House |
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| 44 | | - | Approved: |
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| 45 | | - | ______________________________ |
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| 46 | | - | Date |
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| 47 | | - | ______________________________ |
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| 48 | | - | Governor |
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