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  82R9038 KJM-D
 
  By: Reynolds H.B. No. 2463
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to certain records regarding an employment
  discrimination claim.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.304, Labor Code, is amended to read as
  follows:
         Sec. 21.304.  CONFIDENTIALITY OF RECORDS. An officer or
  employee of the commission may not disclose to the public
  information obtained by the commission under Section 21.204 except
  in compliance with Section 21.305 and as necessary to the conduct of
  a proceeding under this chapter.
         SECTION 2.  Section 21.305, Labor Code, is amended by
  amending Subsection (a) and adding Subsections (c) and (d) to read
  as follows:
         (a)  The commission shall adopt rules allowing a party to a
  complaint filed under Section 21.201 reasonable access to
  commission records relating to the complaint to the extent that the
  access complies with federal law and the United States Equal
  Employment Opportunity Commission's regulations, policies, and
  work-sharing agreement with the commission regarding access to
  confidential records and complaint and investigation files.
         (c)  The commission may provide access to information
  described by this subchapter only if the access is permitted under
  the federal Privacy Act of 1974 (5 U.S.C. Section 552a) and the
  United States Equal Employment Opportunity Commission's
  regulations, policies, and procedures.
         (d)  All records and information collected, received,
  maintained, or otherwise developed by the commission in
  investigating or resolving a complaint filed with or transferred to
  the commission are not public information under Chapter 552,
  Government Code.
         SECTION 3.  This Act takes effect September 1, 2011.