By Lewis of Tarrant H.B. No. 3042
77R9245 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of, and access to, certain information
1-3 regarding a current or former employee.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 103.003, Labor Code, is amended to read as
1-6 follows:
1-7 Sec. 103.003. AUTHORIZED DISCLOSURE; APPLICATION TO CERTAIN
1-8 EMPLOYEES. (a) An employer may disclose information about a
1-9 current or former employee's job performance to a prospective
1-10 employer of the current or former employee on the request of:
1-11 (1) the prospective employer; or
1-12 (2) the employee.
1-13 (b) An employer disclosing information under this section
1-14 may disclose the information only in writing. Before providing the
1-15 information to a prospective employer, the disclosing employer
1-16 must notify the affected employee in writing, at the employee's
1-17 last known address as reflected by the employer's records, that the
1-18 information has been requested.
1-19 (c) A current or former employee about whom the information
1-20 is to be disclosed is entitled to a copy of the information before
1-21 the information is disclosed to a prospective employer if the
1-22 employee delivers to the disclosing employer a written request for
1-23 the information not later than the fifth day after the date on
1-24 which the employee receives the notice required under Subsection
2-1 (b). The disclosing employer must provide an affected employee an
2-2 opportunity to contest the accuracy of the information by
2-3 submitting a statement of reasonable length to accompany the
2-4 information to be disclosed to the prospective employer. In order
2-5 to accompany the information, the statement must be delivered to
2-6 the disclosing employer not later than the fifth day after the date
2-7 the employee receives the copy of the information from the
2-8 disclosing employer.
2-9 (d) In addition to compliance with the other requirements of
2-10 this section, an [An] employer may not disclose information about a
2-11 licensed nurse or licensed vocational nurse that relates to conduct
2-12 that is protected under Section 301.352, Occupations Code [Article
2-13 4525d, Revised Statutes]. The employer must provide an affected
2-14 nurse an opportunity to submit a statement of reasonable length to
2-15 the employer to establish the application of Section 301.352,
2-16 Occupations Code [Article 4525d, Revised Statutes].
2-17 SECTION 2. Section 103.004(a), Labor Code, is amended to read
2-18 as follows:
2-19 (a) An employer who discloses information about a current or
2-20 former employee in compliance with [under] Section 103.003 is
2-21 immune from civil liability for that disclosure or any damages
2-22 proximately caused by that disclosure unless it is proven by the
2-23 preponderance of the [clear and convincing] evidence that the
2-24 information disclosed was known by that employer to be false at the
2-25 time the disclosure was made or that the disclosure was made with
2-26 malice or in reckless disregard for the truth or falsity of the
2-27 information disclosed. For purposes of this subsection, "known"
3-1 means actual knowledge based on information relating to the
3-2 employee, including any information maintained in a file by the
3-3 employer on that employee.
3-4 SECTION 3. Chapter 103, Labor Code, as amended by this Act,
3-5 applies only to a request for information under that chapter made
3-6 on or after the effective date of this Act. A request made before
3-7 that date is governed by the law in effect when the request was
3-8 made, and that law is continued in effect for that purpose.
3-9 SECTION 4. This Act takes effect immediately if it receives
3-10 a vote of two-thirds of all the members elected to each house, as
3-11 provided by Section 39, Article III, Texas Constitution. If this
3-12 Act does not receive the vote necessary for immediate effect, this
3-13 Act takes effect September 1, 2001.