By: Oakley H.B. No. 667
73R3518 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notifying certain state employees when information in
1-3 their personnel files is inspected under the open records law.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4, Chapter 424, Acts of the 63rd
1-6 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
1-7 Texas Civil Statutes), is amended to read as follows:
1-8 Sec. 4. Application for Public Information. (a) On
1-9 application for public information to the officer for public
1-10 records in a governmental body by any person, the officer for
1-11 public records shall promptly produce such information for
1-12 inspection or duplication, or both, in the offices of the
1-13 governmental body. If the information is in active use or in
1-14 storage and, therefore, not available at the time a person asks to
1-15 examine it, the officer for public records shall certify this fact
1-16 in writing to the applicant and set a date and hour within a
1-17 reasonable time when the record will be available for the exercise
1-18 of the right given by this Act. Nothing in this Act shall
1-19 authorize any person to remove original copies of public records
1-20 from the offices of any governmental body.
1-21 (b) A person requesting access to information in the
1-22 personnel file of an employee of a governmental body described by
1-23 Section 2(1)(A) of this Act must submit a written application to
1-24 the officer for public records of the governmental body. The
2-1 application must include the requestor's name and home or business
2-2 address, the name and home or business address of any person or
2-3 entity on whose behalf the request is made, and the reason access
2-4 to the information is requested. If access to any information is
2-5 given, a copy of the application shall be given to the employee.
2-6 SECTION 2. This Act takes effect September 1, 1993.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.