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AN ACT
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relating to access to certain records regarding an employment |
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discrimination claim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.304, Labor Code, is amended to read as |
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follows: |
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Sec. 21.304. CONFIDENTIALITY OF RECORDS. An officer or |
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employee of the commission may not disclose to the public |
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information obtained by the commission under Section 21.204 except |
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in compliance with Section 21.305 and as necessary to the conduct of |
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a proceeding under this chapter. |
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SECTION 2. Section 21.305, Labor Code, is amended to read as |
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follows: |
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Sec. 21.305. ACCESS TO COMMISSION RECORDS. (a) Except as |
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provided by Subsection (c), the [The] commission shall adopt rules |
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allowing a party to a complaint filed under Section 21.201 |
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reasonable access to commission records relating to the complaint. |
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(b) Except as provided by Subsection (c), unless [Unless] |
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the complaint is resolved through a voluntary settlement or |
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conciliation, on the written request of a party the executive |
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director shall allow the party access to the commission records: |
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(1) after the final action of the commission; or |
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(2) if a civil action relating to the complaint is |
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filed in federal court alleging a violation of federal law. |
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(c) Notwithstanding Section 552.023, Government Code, the |
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following information is not considered public information for the |
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purposes of Chapter 552, Government Code, and may not be disclosed |
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to a party to a complaint filed under Section 21.201: |
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(1) identifying information of persons other than the |
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parties and witnesses to the complaint; |
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(2) identifying information about confidential |
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witnesses, including any confidential statement given by the |
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witness; |
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(3) sensitive medical information about the charging |
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party or a witness to the complaint that is: |
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(A) provided by a person other than the person |
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requesting the information; and |
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(B) not relevant to issues raised in the |
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complaint, including information that identifies injuries, |
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impairments, pregnancies, disabilities, or other medical |
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conditions that are not obviously apparent or visible; |
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(4) identifying information about a person other than |
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the charging party that is found in sensitive medical information |
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regardless of whether the information is relevant to the complaint; |
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(5) nonsensitive medical information that is relevant |
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to the complaint if the disclosure would result in an invasion of |
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personal privacy, unless the information is generally known or has |
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been previously reported to the public; |
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(6) identifying information about other respondents |
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or employers not a party to the complaint; |
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(7) information relating to settlement offers or |
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conciliation agreements received from one party that was not |
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conveyed to the other and information contained in a separate |
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alternative dispute resolution file prepared for mediation |
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purposes; and |
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(8) identifying information about a person on whose |
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behalf a complaint was filed if the person has requested that the |
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person's identity as a complaining party remain confidential. |
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(d) In this section, "identifying information" has the |
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meaning assigned by Section 32.51, Penal Code. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2463 was passed by the House on April |
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14, 2011, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2463 on May 27, 2011, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2463 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |