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.