HBA-ATS, RAR H.B. 341 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 341
By: McCall
Business & Industry
6/1/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, an employer could have been found liable for
disclosing or withholding certain information about current or former
employees.  H.B. 341 provides immunity from civil liability to an employer
who discloses certain information relating to job performance about current
or former employees unless the employer knew the information to be false at
the time of disclosure or the disclosure was made with malice or in
reckless disregard for the truth or falsity of the information disclosed.
However, an employer is prohibited from disclosing information about a
licensed nurse or licensed vocational nurse that relates to conduct that is
protected under Article 4525d (Protection for Refusal to Engage in Certain
Conduct), V.T.C.S. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

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.  PURPOSE; LEGISLATIVE FINDING.  Sets forth legislative
finding and intent. 

Sec. 103.002.  DEFINITIONS.  Defines "employee," "employer," "job
performance," "prospective  employee," and  "prospective employer."  

Sec. 103.003.  AUTHORIZED DISCLOSURE; APPLICATION TO CERTAIN EMPLOYEES.
Authorizes an employer to disclose information about a current or former
employee's job performance to a prospective employer of the current or
former employee on the request of the prospective employer or the employee.
Prohibits an employer from disclosing information about a licensed nurse or
licensed vocational nurse that relates to conduct that is protected under
Article 4525d (Protection for Refusal to Engage in Certain Conduct),
V.T.C.S.  Provides that the employer must give an affected nurse an
opportunity to submit a statement of reasonable length to the employer to
establish the application of Article 4525d, V.T.C.S. 

Sec. 103.004.  IMMUNITY FROM CIVIL LIABILITY; EMPLOYER REPRESENTATIVES.
Provides that an employer who discloses information about a current or
former employee under Section 103.003 is immune from civil liability for
that disclosure or any damages proximately caused by that disclosure unless
it is proven by clear and convincing evidence that the information
disclosed  was known by that employer to be false at the time the
disclosure was made or that the disclosure was made with malice or in
reckless disregard for the truth or falsity of the information disclosed.
Defines "known," for purposes of this section, to mean actual knowledge
based on information relating to the employee, including any information
maintained in a file by the employer on that employee.   
Provides that this chapter applies to a managerial employee or other
representative of the employer, who is authorized to provide and who
provides information, in the same manner that it applies to an employer. 

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, 1999.

SECTION 4.  Emergency clause.