By Hodge H.B. No. 2128
Substitute the following for H.B. No. 2128:
By Yarbrough C.S.H.B. No. 2128
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
1-6 103 to read as follows:
1-7 CHAPTER 103. ACCESS TO PERSONNEL RECORDS
1-8 Sec. 103.001. 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. 103.002. RIGHT OF ACCESS TO PERSONNEL RECORDS. (a) 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 (b) This Chapter is not intended to diminish the right of a
2-9 public employee under Chapter 552, Government Code. To the extent
2-10 of any conflict between this chapter and Chapter 552, Government
2-11 Code, the provision that provides an employee the greater right of
2-12 access to personnel records prevails.
2-13 Sec. 103.003. REQUEST TO INSPECT RECORDS. An employee may
2-14 make a request to inspect the employee's personnel documents by
2-15 submitting a written request to the employer.
2-16 Sec. 103.004. TIME AND PLACE FOR INSPECTION. (a) Except as
2-17 otherwise provided in a collective bargaining agreement affecting
2-18 the employee, an employer shall permit not fewer than two
2-19 inspections under this chapter by an employee in a calendar year if
2-20 the requests are made at reasonable intervals.
2-21 (b) The employer shall permit an employee to inspect
2-22 requested records not later than the seventh working day after the
2-23 date the employee makes the request. However, if the employer can
2-24 reasonably show that this deadline cannot be met, the employer is
2-25 entitled to an additional seven days to comply with the request.
2-26 (c) The inspection of records under this chapter shall take
2-27 place at a location reasonably near the employee's place of
3-1 employment and during normal working hours.
3-2 Sec. 103.005. REMOVAL OF RECORDS. This chapter does not
3-3 create an entitlement for an employee to remove any part of the
3-4 employee's personnel records from the place where the records are
3-5 made available for inspection. An employer retains the right to
3-6 protect the records maintained by the employer from loss, damage,
3-7 or alteration to ensure the integrity of the records.
3-8 Sec. 103.006. COPIES OF REQUESTED RECORDS. (a) An employee
3-9 may obtain a copy of the information or part of the information
3-10 contained in the employee's personnel record after the time for
3-11 review provided by Section 103.004.
3-12 (b) An employer may charge a fee for providing a copy of the
3-13 information requested by the employee. The fee may not exceed the
3-14 actual cost of duplicating the information.
3-15 Sec. 103.007. CORRECTION OF PERSONNEL RECORD. (a) An
3-16 employee and employer may agree to remove or correct any
3-17 information in the employee's personnel record with which the
3-18 employee disagrees.
3-19 (b) If the employee and employer are unable to reach an
3-20 agreement, the employee may submit a written statement explaining
3-21 the employee's position regarding the disputed information. The
3-22 employer shall attach the employee's statement to the disputed
3-23 material in the personnel record. The employee's statement must be
3-24 included if the disputed material is released to a third party as
3-25 long as the disputed material is a part of the personnel record.
3-26 Sec. 103.008. PENALTY. A person commits an offense if the
3-27 person violates this chapter. An offense under this section is a
4-1 misdemeanor punishable by a fine not to exceed $100.
4-2 SECTION 2. This Act takes effect September 1, 1999.
4-3 SECTION 3. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.