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79R15241 JD-D


By:  Kuempel                                                      H.B. No. 2557

Substitute the following for H.B. No. 2557:                                   

By:  Cook of Navarro                                          C.S.H.B. No. 2557



A BILL TO BE ENTITLED

AN ACT

relating to the exception from required public disclosure under the 
public information law of certain performance evaluations of 
governmental employees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 552.102, Government Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  Information is excepted from the requirements of 
Section 552.021 if it is information in a personnel file, the 
disclosure of which would constitute a clearly unwarranted invasion 
of personal privacy, or if it is information that is contained in a 
standard periodic performance evaluation by a supervisor of an 
employee of the governmental body.  However, [except that] all 
information in the personnel file of an employee of a governmental 
body is to be made available to that employee or the employee's 
designated representative as public information is made available 
under this chapter.  The exception to public disclosure created by 
this subsection is in addition to any exception created by Section 
552.024.  Public access to personnel information covered by Section 
552.024 is denied to the extent provided by that section.
	(a-1)  Subsection (a) does not except from the requirements 
of Section 552.021:
		(1)  a standard performance evaluation of the chief 
administrative officer of the governmental body or a department or 
division head who reports directly to the chief administrative 
officer;
		(2)  a reprimand, complaint, commendation, or other 
notation in the personnel records of a governmental employee that 
is not a part of a standard performance evaluation; or
		(3)  the standard performance evaluations of a class or 
category of governmental employees, if the evaluations are redacted 
so as not to identify individual employees.
	SECTION 2.  This Act takes effect September 1, 2005.