76R8147 PB-F                           
         By McCall, Junell, Brimer, Keffer, Luna,               H.B. No. 341
            et al. 
         Substitute the following for H.B. No. 341:
         By Brimer                                          C.S.H.B. No. 341
                                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 a position of employment and includes an analysis
1-18     of the employee's  attendance at work, attitudes, effort,
1-19     knowledge, behaviors, and skills.
1-20                 (4)  "Prospective employee" means any person who has
1-21     made an application, either oral or written, or has sent a resume
1-22     or other correspondence indicating an interest in employment.
1-23                 (5)  "Prospective employer" means an employer to whom a
1-24     prospective employee has made an application, either oral or
 2-1     written, or sent a resume or other correspondence expressing an
 2-2     interest in employment.
 2-3           Sec. 103.002.  AUTHORIZED DISCLOSURE.  An employer may
 2-4     disclose information about a current or former employee's job
 2-5     performance to a prospective employer of the current or former
 2-6     employee on  the request of the prospective employer or the
 2-7     employee.
 2-8           Sec. 103.003.  IMMUNITY FROM CIVIL LIABILITY; EMPLOYER
 2-9     REPRESENTATIVES.  (a)  An employer who discloses information about
2-10     a current or former employee under Section 103.002 is immune from
2-11     civil liability for that disclosure or any damages proximately
2-12     caused by that disclosure unless it is proven by the preponderance
2-13     of the evidence that the  information disclosed was known by that
2-14     employer to be false at the time the disclosure was made.  For
2-15     purposes of this subsection, "known" means actual knowledge based
2-16     on information relating to the employee that is retained, at the
2-17     time of the disclosure, in the file maintained by the employer on
2-18     that employee, and includes a transcription of any information
2-19     conveyed orally by the employer to the employee.
2-20           (b)  This chapter applies to a managerial employee or other
2-21     representative of the employer who is authorized to provide and who
2-22     provides information in accordance with this chapter in the same
2-23     manner that it applies to an employer.
2-24           Sec. 103.004.  EMPLOYMENT REFERENCE.  This chapter does not
2-25     require an employer to provide an employment reference to or about
2-26     a current or former employee.
2-27           SECTION 2.  Chapter 103, Labor Code, as added by this Act,
 3-1     applies only to a cause of action that accrues on or after the
 3-2     effective date of this Act.  A cause of action that accrues before
 3-3     that date is governed by the law as it existed immediately before
 3-4     the effective date of this Act, and that law is continued in effect
 3-5     for that purpose.
 3-6           SECTION 3.  This Act takes effect September 1, 1999.
 3-7           SECTION 4.  The importance of this legislation and the
 3-8     crowded condition of the calendars in both houses create an
 3-9     emergency and an imperative public necessity that the
3-10     constitutional rule requiring bills to be read on three several
3-11     days in each house be suspended, and this rule is hereby suspended.