SRC-AAA H.B. 40 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 40
By: McCall (Nelson)
Jurisprudence
5-9-97
Engrossed


DIGEST 

Currently, Texas law hinders employers from sharing information with other
employers as it relates to hiring practices.  An employer risks suit for
libel or violation of privacy  if the employer engages in sharing
information on hiring practices. If the employer does not share
information with the prospective employer, then the employer runs the risk
of being sued for withholding important information.  This bill provides
immunity to an employer for the truthful disclosure of information about a
current or past employee. 

PURPOSE

As proposed, H.B. 40 provides immunity to an employer for the truthful
disclosure of information about a current or past employee. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 3, Labor Code, by adding Chapter 103, as follows:

CHAPTER 103. DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING
 CERTAIN EMPLOYEES OR FORMER EMPLOYEES

Sec. 103.001. DEFINITIONS. Defines "employee," "employer," "job
performance," "prospective employee," and "prospective employer." 

Sec. 103.002. AUTHORIZED DISCLOSURE.  Authorizes disclosure of information
about a current or former employee. 

Sec. 103.003. INFORMATION PROVIDED TO APPLICANT FOR EMPLOYMENT. Requires
an employer to provide to an applicant certain information by a certain
date, on written request by an applicant. 

Sec. 103.004. IMMUNITY FROM CIVIL LIABILITY; EMPLOYER REPRESENTATIVES.
Sets forth provisions regarding immunity from civil liability  and
applicability of this section to employer representatives. 

Sec. 103.005. EMPLOYMENT REFERENCE.  Provides that this chapter does not
require an employer to provide an employment reference to or about a
current or former employee. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.