JKM C.S.H.B. 1574 75(R)BILL ANALYSIS ECONOMIC DEVELOPMENT C.S.H.B. 1574 By: Hodge 4-17-97 Committee Report (Substituted) BACKGROUND Federal and state public information laws allow anyone access to the personnel and other records, with a few exceptions, of public employees. Public employees, like any member of the public, are entitled to view these records. Employees of private enterprises, however, do not have the ability to inspect their own personnel records. PURPOSE To allow an employee to inspect his or her own personnel documents that are, have been, or are intended to be used to determine the employee's qualifications for employment, promotion, transfer, additional compensation, or discharge or other disciplinary action. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1.Amends Title 3, Labor Code, by adding Chapter 104, Access to Personnel Records. Sec. 104.001 defines "employee," "employer," and "personnel documents" and "personnel records." Sec. 104.002 Permits an employee to inspect certain personnel documents that are kept on that employee. Sec. 104.003 allows an employee to request to inspect his or her personnel documents by completing a written form supplied by the employer. Sec. 104.004 outlines the provisions for the time and place of inspections. Subsection (a) provides that an employer shall permit an employee to inspect personnel documents at least twice each calendar year at reasonable intervals, unless otherwise provided in a collective bargaining agreement. Subsection (b) states that an employer has seven days to comply with a request for inspection, unless the employer can show that the deadline cannot reasonably be met, in which case the employer is allowed an additional seven days to comply. Subsection (c) states that the inspection of records shall take place near the employee's place of work during normal business hours. Sec. 104.005 provides for the removal of records. States that an employee is not entitled to remove any part of his or her personnel records from the place where the records are inspected. The employer retains the right to protect records from loss, damage, or alteration. Sec. 104.006 states that an employee may obtain copies of his or her personnel records after he or she has reviewed the documents, and that the employer may charge a fee, which may not exceed the actual cost of duplication, for copying the records. Sec. 104.007 allows an employee involved in a grievance against an employer to designate in writing a representative to inspect the employee's personnel record. Sec. 104.008 outlines the provisions for correcting personnel records. Subsection (a) allows information, with which the employee disagrees, to be removed or corrected if the employee and employer agree. Subsection (b) provides that the employer shall attach a written employee's statement to the personnel record if the employee submits one, and the employee and employer cannot agree to the removal or correction of disputed information. The employee's statement must be included in the information released to a third party, if the disputed information is part of the personnel record. Sec. 104.009 makes it a misdemeanor for a person to violate this chapter. SECTION 2.Effective date. SECTION 3.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. Sec. 104.001 CSHB 1574 changes the definitions of "employee" and "employer" to the definitions for those terms assigned by Section 21.002. CSHB 1574 adds the definition of "personnel documents" and "personnel records." Sec. 104.002 CSHB 1574 deletes Subsection (b) of HB 1574 which states that documents an employee is entitled to inspect include personnel documents kept by a person having a contractual agreement with the employer to keep or supply personnel records. Sec. 104.003 CSHB 1574 deletes Subsection (b) of HB 1574 which allowed an employee to request all or any part of the employee's records to the extent provided by Section 104.012. Sec. 104.004 CSHB 1574 changes Subsection (c) by deleting additional times and places other than near the place of employment or normal working hours. Sec. 104.005 CSHB 1574 deletes Subsection (b) of HB 1574 which provided for circumstances under which an employer would mail the requested information. CSHB 1574 deletes all language found in HB 1574, Sec. 104.007, which provided that information not included in an employee's personnel records could not be used by an employer in a judicial or administrative proceeding, unless the judge determined the information was not intentionally left out of the personnel record and the employee allows the use of the information or has been given reasonable time to review the information. Subsequent sections are renumbered accordingly. CSHB 1574 renumbers as Sec. 104.007 INSPECTION BY REPRESENTATIVE OF EMPLOYEE. CSHB 1574 deletes Subsection (b) from this section which required an employer to permit a representative of the employee to inspect the information in the same manner as an employee. CSHB 1574 renumbers CORRECTION OF PERSONNEL RECORDS as 104.008 and deletes Subsection (c) relating to a written statement. CSHB 1574 deletes Subsection (d) which provided for legal action should false information be placed in an employee's file. CSHB 1574 deletes Sec. 104.010 of HB 1574 which placed restrictions on release of information from an employee's file, related to written notice to an employee, and laid out requirements concerning release of information for employers. CSHB 1574 deletes Sec. 104.011 of HB 1574 which addressed information that an employer would not be allowed to collect. CSHB 1574 deletes Sec. 104.012 of HB 1574 which addressed information that an employee or an employee's representative would not have the right to access. CSHB 1574 deletes Sec. 104.013 of HB 1574 which stated that the chapter did not affect a right of access to records provided by any other law. CSHB 1574 deletes Sec. 104.014 of HB 1574 which required the TWC to enforce and administer this chapter, provided guidelines for employees with grievances, addressed venue for a suit under this section, and required a court to certain damages if an employee prevailed under this chapter. HB 1574 Sec. 104.015 OFFENSE has been renamed and renumbered as Section 104.009 PENALTY and states that "a person" rather than "an employer" commits an offense if the person violates this chapter. CSHB 1574 deletes language stating that an employer commits an offense if the employer discriminates against an employee involved in a grievance procedure. CSHB 1574 clarifies the penalty and the section is rewritten without subsections.