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.