75R12141 JMM-D
By Hodge H.B. No. 1574
Substitute the following for H.B. No. 1574:
By Luna C.S.H.B. No. 1574
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of an employee to inspect the personnel
1-3 records regarding that employee; providing a penalty.
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
1-6 104 to read as follows:
1-7 CHAPTER 104. ACCESS TO PERSONNEL RECORDS
1-8 Sec. 104.001. DEFINITIONS. In this chapter:
1-9 (1) "Employee" has the meaning assigned by Section
1-10 21.002.
1-11 (2) "Employer" has the meaning assigned by Section
1-12 21.002.
1-13 (3) "Personnel documents" and "personnel records"
1-14 include, if maintained by an employer, an application for
1-15 employment, wage or salary information, notices of commendation,
1-16 warning, or discipline, authorizations for a deduction or
1-17 withholding of pay, fringe benefit information, leave records, and
1-18 an employee's employment history with the employer, including
1-19 salary information, job title, dates of changes, retirement
1-20 records, attendance records, performance evaluations, and letters
1-21 of reference. The terms do not include records concerning an
1-22 employee relating to the investigation of a possible criminal
1-23 offense, documents that are being developed or prepared for use in
1-24 a civil, criminal, or grievance procedure, or materials that are
2-1 used by the employer to plan for future operations.
2-2 Sec. 104.002. RIGHT OF ACCESS TO PERSONNEL RECORDS. An
2-3 employer shall permit an employee to inspect any personnel
2-4 documents that are, have been, or are intended to be used to
2-5 determine the employee's qualifications for employment, promotion,
2-6 transfer, additional compensation, or discharge or other
2-7 disciplinary action.
2-8 Sec. 104.003. REQUEST TO INSPECT RECORDS. An employee may
2-9 make a request to inspect the employee's personnel documents by
2-10 submitting a written request to the employer.
2-11 Sec. 104.004. TIME AND PLACE FOR INSPECTION. (a) Except as
2-12 otherwise provided in a collective bargaining agreement affecting
2-13 the employee, an employer shall permit not fewer than two
2-14 inspections under this chapter by an employee in a calendar year if
2-15 the requests are made at reasonable intervals.
2-16 (b) The employer shall permit an employee to inspect
2-17 requested records not later than the seventh working day after the
2-18 date the employee makes the request. However, if the employer can
2-19 reasonably show that this deadline cannot be met, the employer is
2-20 entitled to an additional seven days to comply with the request.
2-21 (c) The inspection of records under this chapter shall take
2-22 place at a location reasonably near the employee's place of
2-23 employment and during normal working hours.
2-24 Sec. 104.005. REMOVAL OF RECORDS. This chapter does not
2-25 create an entitlement for an employee to remove any part of the
2-26 employee's personnel records from the place where the records are
2-27 made available for inspection. An employer retains the right to
3-1 protect the records maintained by the employer from loss, damage,
3-2 or alteration to ensure the integrity of the records.
3-3 Sec. 104.006. COPIES OF REQUESTED RECORDS. (a) An employee
3-4 may obtain a copy of the information or part of the information
3-5 contained in the employee's personnel record after the time for
3-6 review provided by Section 104.004.
3-7 (b) An employer may charge a fee for providing a copy of the
3-8 information requested by the employee. The fee may not exceed the
3-9 actual cost of duplicating the information.
3-10 Sec. 104.007. INSPECTION BY REPRESENTATIVE OF EMPLOYEE. An
3-11 employee involved in a grievance against an employer may designate
3-12 in writing a representative to inspect information in the
3-13 employee's personnel record.
3-14 Sec. 104.008. CORRECTION OF PERSONNEL RECORD. (a) An
3-15 employee and employer may agree to remove or correct any
3-16 information in the employee's personnel record with which the
3-17 employee disagrees.
3-18 (b) If the employee and employer are unable to reach an
3-19 agreement, the employee may submit a written statement explaining
3-20 the employee's position regarding the disputed information. The
3-21 employer shall attach the employee's statement to the disputed
3-22 material in the personnel record. The employee's statement must be
3-23 included if the disputed material is released to a third party as
3-24 long as the disputed material is a part of the personnel record.
3-25 Sec. 104.009. PENALTY. A person commits an offense if the
3-26 person violates this chapter. An offense under this section is a
3-27 misdemeanor punishable by a fine not to exceed $100.
4-1 SECTION 2. This Act takes effect September 1, 1997.
4-2 SECTION 3. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.