HBA-TYH H.B. 2128 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2128 By: Hodge Economic Development 3/18/1999 Introduced BACKGROUND AND PURPOSE Current federal and state public information laws allow anyone access to the personnel and other records of public employees. Any member of the public, including public employees, are allowed to view these personnel records. However, employees of private enterprises do not have the ability to inspect their own personnel records. H.B. 2128 allows 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 actions. 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. ACCESS TO PERSONNEL RECORDS Sec. 103.001. DEFINITIONS. Defines, for this chapter, "employee," "employer," "personnel documents," and "personnel records." Sec. 103.002. RIGHT OF ACCESS TO PERSONNEL RECORDS. Requires an employer to permit an employee to inspect any 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. Sec. 103.003. REQUEST TO INSPECT RECORDS. Authorizes an employee to make a request to inspect the employee's personnel documents by submitting a written request to the employer. Sec. 103.004. TIME AND PLACE FOR INSPECTION. Requires an employer, except as otherwise provided in a collective bargaining agreement affecting the employee, to permit not fewer than two inspections by an employee in a calendar year if the requests are made at reasonable intervals. Requires the employer to permit an employee to inspect requested records within seven working days of the request. Provides that if the employer can reasonably show that this deadline cannot be met, the employer is entitled to an additional seven days to comply with the request. Requires the inspection of records to take place at a location reasonably near the employee's place of employment and during normal working hours. Sec. 103.005. REMOVAL OF RECORDS. Provides that this chapter does not create an entitlement for an employee to remove any part of the employee's personnel records from the place where the records are made available for inspection. Provides that an employer retains the right to protect the records maintained by the employer from loss, damage, or alteration to ensure the integrity of the records. Sec. 103.006. COPIES OF REQUESTED RECORDS. Authorizes an employee to obtain a copy of the information or part of the information contained in the employee's personnel record after the time for review provided by Section 103.004. Authorizes an employer to charge a fee for providing a copy of the information requested by the employee. Prohibits the fee from exceeding the actual cost of duplicating the information. Sec. 103.007. INSPECTION BY REPRESENTATIVE OF EMPLOYEE. Authorizes an employee involved in a grievance against an employer to designate in writing a representative to inspect information in the employee's personnel record. Sec. 103.008. CORRECTION OF PERSONNEL RECORD. Authorizes an employee and employer to agree to remove or correct any information in the employee's personnel record with which the employee disagrees. Authorizes the employee, if the employee and employer are unable to reach an agreement, to submit a written statement explaining the employee's position regarding the disputed information. Requires the employer to attach the employee's statement to the disputed material in the personnel record. Provides that the employee's statement must be included if the disputed material is released to a third party as long as the disputed material is a part of the personnel record. Sec. 103.009. PENALTY. Provides that if a person violates this chapter, the person commits a misdemeanor punishable by a fine not to exceed $100. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.