78R1165 KSD-D

By:  Dutton                                                       H.B. No. 379



A BILL TO BE ENTITLED

AN ACT

relating to the right of an employee to inspect the employee's 
personnel records.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 3, Labor Code, is amended by adding Chapter 
104 to read as follows:

CHAPTER 104. EMPLOYEE ACCESS TO PERSONNEL RECORDS
	Sec. 104.001.  DEFINITIONS. In this chapter:                            
		(1)  "Employee" has the meaning assigned by Section 
21.002.          
		(2)  "Employer" has the meaning assigned by Section 
21.002.          
		(3)  "Personnel records" means all records maintained 
by an employer in an employee's personnel file.  The term includes 
all documents contained in the employee's personnel file other 
than:
			(A)  documents concerning the employee that 
relate to an investigation of a possible criminal offense;
			(B)  documents that are being developed or 
prepared for use in a civil, criminal, or grievance procedure; or
			(C)  materials that are used by the employer to 
plan for future operations.
	Sec. 104.002.  RIGHT OF ACCESS TO PERSONNEL RECORDS. An 
employer shall permit an employee to inspect the employee's 
personnel records.
	Sec. 104.003.  REQUEST TO INSPECT RECORDS. An employee may 
make a request to inspect the employee's personnel records by 
submitting a written request to the employer.
	Sec. 104.004.  TIME AND PLACE FOR INSPECTION. (a)  Except as 
otherwise provided in a collective bargaining agreement affecting 
the employee, an employer shall permit at least two inspections 
under this chapter by an employee in a calendar year.
	(b)  The inspection of records under this chapter must take 
place at a location reasonably near the employee's place of 
employment and during normal working hours.
	Sec. 104.005.  REMOVAL OF RECORDS. This chapter does not 
create an entitlement for an employee to remove any part of the 
employee's personnel records from the place where the records are 
made available for inspection.
	Sec. 104.006.  PROTECTION OF RECORDS. An employer retains 
the right to protect the records maintained by the employer from 
loss, damage, or alteration to ensure the integrity of the records.
	Sec. 104.007.  CORRECTION OF PERSONNEL RECORDS. (a)  An 
employee and employer may agree to remove or correct any 
information in the employee's personnel records with which the 
employee disagrees.
	(b)  If the employee and employer are unable to reach an 
agreement, the employee may submit a written statement explaining 
the employee's position regarding the disputed information.  The 
employer shall attach the employee's statement to the disputed 
material in the personnel record.  The employee's statement must be 
included if the disputed material is released to a third party as 
long as the disputed material is a part of the personnel record.
	Sec. 104.008.  UNLAWFUL EMPLOYMENT PRACTICE. (a)  The 
refusal of an employer to comply with the requirements of this 
chapter constitutes an unlawful employment practice.
	(b)  The Commission on Human Rights shall enforce this 
chapter in the manner provided for enforcement of a complaint 
alleging an unlawful employment practice under Chapter 21.
	SECTION 2.  This Act takes effect September 1, 2003.