By Dutton H.B. No. 989
77R3524 KSD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of an employee to inspect the employee's
1-3 personnel records.
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. EMPLOYEE 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 records" means all records maintained
1-14 by an employer in an employee's personnel file. The term includes
1-15 all documents contained in the employee's personnel file other
1-16 than:
1-17 (A) documents concerning the employee that
1-18 relate to an investigation of a possible criminal offense;
1-19 (B) documents that are being developed or
1-20 prepared for use in a civil, criminal, or grievance procedure; or
1-21 (C) materials that are used by the employer to
1-22 plan for future operations.
1-23 Sec. 104.002. RIGHT OF ACCESS TO PERSONNEL RECORDS. An
1-24 employer shall permit an employee to inspect the employee's
2-1 personnel records.
2-2 Sec. 104.003. REQUEST TO INSPECT RECORDS. An employee may
2-3 make a request to inspect the employee's personnel records by
2-4 submitting a written request to the employer.
2-5 Sec. 104.004. TIME AND PLACE FOR INSPECTION. (a) Except as
2-6 otherwise provided in a collective bargaining agreement affecting
2-7 the employee, an employer shall permit at least two inspections
2-8 under this chapter by an employee in a calendar year.
2-9 (b) The inspection of records under this chapter must take
2-10 place at a location reasonably near the employee's place of
2-11 employment and during normal working hours.
2-12 Sec. 104.005. REMOVAL OF RECORDS. This chapter does not
2-13 create an entitlement for an employee to remove any part of the
2-14 employee's personnel records from the place where the records are
2-15 made available for inspection.
2-16 Sec. 104.006. PROTECTION OF RECORDS. An employer retains the
2-17 right to protect the records maintained by the employer from loss,
2-18 damage, or alteration to ensure the integrity of the records.
2-19 Sec. 104.007. CORRECTION OF PERSONNEL RECORDS. (a) An
2-20 employee and employer may agree to remove or correct any
2-21 information in the employee's personnel records with which the
2-22 employee disagrees.
2-23 (b) If the employee and employer are unable to reach an
2-24 agreement, the employee may submit a written statement explaining
2-25 the employee's position regarding the disputed information. The
2-26 employer shall attach the employee's statement to the disputed
2-27 material in the personnel record. The employee's statement must be
3-1 included if the disputed material is released to a third party as
3-2 long as the disputed material is a part of the personnel record.
3-3 Sec. 104.008. UNLAWFUL EMPLOYMENT PRACTICE. (a) The refusal
3-4 of an employer to comply with the requirements of this chapter
3-5 constitutes an unlawful employment practice.
3-6 (b) The Commission on Human Rights shall enforce this
3-7 chapter in the manner provided for enforcement of a complaint
3-8 alleging an unlawful employment practice under Chapter 21.
3-9 SECTION 2. This Act takes effect September 1, 2001.