By McCall H.B. No. 40 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the use of certain information regarding a current or 1-3 former employee. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 3, Labor Code, is amended by adding Chapter 1-6 103 to read as follows: 1-7 CHAPTER 103. DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING 1-8 CERTAIN EMPLOYEES OR FORMER EMPLOYEES 1-9 Sec. 103.001. DEFINITIONS. In this chapter: 1-10 (1) "Employee" means a person who performs services 1-11 for an employer, whether or not for compensation. 1-12 (2) "Employer" means a person who has one or more 1-13 employees or other individuals who perform services under a 1-14 contract of hire or service, whether expressed or implied, or oral 1-15 or written. 1-16 (3) "Job performance" means the manner in which an 1-17 employee performs the duties and responsibilities of a position of 1-18 employment and includes an analysis of the employee's attendance 1-19 at work, attitude toward the job, effort, knowledge, and skills, as 1-20 exemplified through evaluations, awards, demotions, promotions, 1-21 disciplinary actions, and other analogous personnel actions. 1-22 (4) "Prospective employee" means any person who has 1-23 made an application, either oral or written, or has sent a resume 1-24 or other correspondence indicating an interest in employment. 2-1 (5) "Prospective employer" means an employer to whom a 2-2 prospective employee has made an application, either oral or 2-3 written, or sent a resume or other correspondence expressing an 2-4 interest in employment. 2-5 Sec. 103.002. AUTHORIZED DISCLOSURE. An employer may 2-6 disclose information about a current or former employee's job 2-7 performance to a prospective employer of the current or former 2-8 employee on the request of the prospective employer or the 2-9 employee. 2-10 Sec. 103.003. INFORMATION PROVIDED TO APPLICANT FOR 2-11 EMPLOYMENT. (a) On receipt of a written request by an applicant 2-12 for employment, a prospective employer shall provide to the 2-13 applicant, not later than the 30th day after the date on which the 2-14 request is received by the employer, copies of all written 2-15 communications from current and former employers of the applicant 2-16 that may reasonably be believed to affect the applicant's 2-17 possibility of employment with the prospective employer. 2-18 (b) An applicant for employment must make a request under 2-19 Subsection (a) not later than the 30th day after the date on which 2-20 the applicant completes the application process required by the 2-21 prospective employer. 2-22 Sec. 103.004. IMMUNITY FROM CIVIL LIABILITY; EMPLOYER 2-23 REPRESENTATIVES. (a) An employer who discloses information about 2-24 a current or former employee under Section 103.002 is immune from 2-25 civil liability for that disclosure or any damages proximately 2-26 caused by that disclosure unless it is proven by the preponderance 2-27 of the evidence that the information disclosed was known by that 3-1 employer to be false at the time the disclosure was made or unless 3-2 that employer fails to disclose any formal or informal grievance 3-3 that the current or former employee asserted or any labor dispute 3-4 between the employer and the current or former employee. 3-5 (b) This chapter applies to a managerial employee or other 3-6 representative of the employer who is authorized to provide and who 3-7 provides information in accordance with this chapter in the same 3-8 manner that it applies to an employer. 3-9 Sec. 103.005. EMPLOYMENT REFERENCE. This chapter does not 3-10 require an employer to provide an employment reference to or about 3-11 a current or former employee. 3-12 SECTION 2. Chapter 103, Labor Code, as added by this Act, 3-13 applies only to a cause of action that accrues on or after the 3-14 effective date of this Act. A cause of action that accrues before 3-15 that date is governed by the law as it existed immediately before 3-16 the effective date of this Act, and that law is continued in effect 3-17 for that purpose. 3-18 SECTION 3. This Act takes effect September 1, 1997. 3-19 SECTION 4. The importance of this legislation and the 3-20 crowded condition of the calendars in both houses create an 3-21 emergency and an imperative public necessity that the 3-22 constitutional rule requiring bills to be read on three several 3-23 days in each house be suspended, and this rule is hereby suspended.