HBA-TYH C.S.H.B. 2128 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2128
By: Hodge
Economic Development
4/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current federal and state public information laws allow anyone access to
the personnel and other records of public employees.  Any member of the
public, including public employees, are allowed to view these personnel
records.  However, employees of private enterprises do not have the ability
to inspect their own personnel records.  C.S.H.B. 2128 allows an employee
to inspect his or her own personnel documents that are, have been, or are
intended to be used to determine the employee's qualifications for
employment, promotion, transfer, additional compensation, or discharge or
other disciplinary actions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 3, Labor Code, by adding Chapter 103, as follows:

CHAPTER 103.  ACCESS TO PERSONNEL RECORDS

Sec. 103.001.  DEFINITIONS.  Defines, for this chapter, "employee,"
"employer," "personnel documents," and "personnel records." 

Sec. 103.002.  RIGHT OF ACCESS TO PERSONNEL RECORDS.  Requires an employer
to permit an employee to inspect any personnel documents that are, have
been, or are intended to be used to determine the employee's qualifications
for employment, promotion, transfer, additional compensation, or discharge
or other disciplinary action.  Provides that this chapter is not intended
to diminish the right of a public employee under Chapter 552 (Public
Information), Government Code.  Provides that to the extent of any conflict
between this chapter and Chapter 522, Government Code, the provision that
provides an employee the greater right of access to personnel records
prevails.  
 
Sec. 103.003.  REQUEST TO INSPECT RECORDS.  Authorizes an employee to make
a request to inspect the employee's personnel documents by submitting a
written request to the employer.  
 
Sec. 103.004.  TIME AND PLACE FOR INSPECTION.  Requires an employer, except
as otherwise provided in a collective bargaining agreement affecting the
employee, to permit not fewer than two inspections by an employee in a
calendar year if the requests are made at reasonable intervals.  Requires
the employer to permit an employee to inspect requested records within
seven working days of the request.  Provides that if the employer can
reasonably show that this deadline cannot be met, the employer is entitled
to an additional seven days to comply with the request.  Requires the
inspection of records to take place at a location reasonably near the
employee's place of employment and during normal working hours.  
 
Sec. 103.005.  REMOVAL OF RECORDS.  Provides that 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.  Provides that 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. 103.006.  COPIES OF REQUESTED RECORDS.  Authorizes an employee to
obtain a copy of the information or part of the information contained in
the employee's personnel record after the time for review provided by
Section 103.004.  Authorizes an employer to charge a fee for providing a
copy of the information requested by the employee.  Prohibits the fee from
exceeding the actual cost of duplicating the information.  
 
Sec. 103.007.  CORRECTION OF PERSONNEL RECORD.  Authorizes an employee and
employer to agree to remove or correct any information in the employee's
personnel record with which the employee disagrees.  Authorizes the
employee, if the employee and employer are unable to reach an agreement, to
submit a written statement explaining the employee's position regarding the
disputed information.  Requires the employer to attach the employee's
statement to the disputed material in the personnel record.  Provides that
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. 103.008.  PENALTY.  Provides that if a person violates this chapter,
the person commits a misdemeanor punishable by a fine not to exceed $100.  

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill in the proposed Section 103.002,
by adding new Subsection (b) to provide that this chapter is not intended
to diminish the right of a public employee under Chapter 552 (Public
Information), Government Code; and to provide that to the extent of any
conflict between this chapter and Chapter 522, Government Code, the
provision that provides an employee the greater right of access to
personnel records prevails.  

The substitute modifies the original bill by deleting proposed Section
103.007, which authorizes an employee involved in a grievance against an
employer to designate in writing a representative to inspect information in
the employee's personnel record. 

The substitute modifies the original bill by redesignating Sections
103.008-103.009 of the original to Sections 103.007-103.008, respectively.