S.B. No. 1323 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 Section 505.054(b), Labor Code, is repealed.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. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1323 passed the Senate on April 9, 2021, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1323 passed the House on May 18, 2021, by the following vote: Yeas 131, Nays 6, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor