HBA-ATS, RAR H.B. 341 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 341 By: McCall Business & Industry 6/1/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, an employer could have been found liable for disclosing or withholding certain information about current or former employees. H.B. 341 provides immunity from civil liability to an employer who discloses certain information relating to job performance about current or former employees unless the employer knew the information to be false at the time of disclosure or the disclosure was made with malice or in reckless disregard for the truth or falsity of the information disclosed. However, an employer is prohibited from disclosing information about a licensed nurse or licensed vocational nurse that relates to conduct that is protected under Article 4525d (Protection for Refusal to Engage in Certain Conduct), V.T.C.S. 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. DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING CERTAIN EMPLOYEES OR FORMER EMPLOYEES Sec. 103.001. PURPOSE; LEGISLATIVE FINDING. Sets forth legislative finding and intent. Sec. 103.002. DEFINITIONS. Defines "employee," "employer," "job performance," "prospective employee," and "prospective employer." Sec. 103.003. AUTHORIZED DISCLOSURE; APPLICATION TO CERTAIN EMPLOYEES. Authorizes an employer to disclose information about a current or former employee's job performance to a prospective employer of the current or former employee on the request of the prospective employer or the employee. Prohibits an employer from disclosing information about a licensed nurse or licensed vocational nurse that relates to conduct that is protected under Article 4525d (Protection for Refusal to Engage in Certain Conduct), V.T.C.S. Provides that the employer must give an affected nurse an opportunity to submit a statement of reasonable length to the employer to establish the application of Article 4525d, V.T.C.S. Sec. 103.004. IMMUNITY FROM CIVIL LIABILITY; EMPLOYER REPRESENTATIVES. Provides that an employer who discloses information about a current or former employee under Section 103.003 is immune from civil liability for that disclosure or any damages proximately caused by that disclosure unless it is proven by clear and convincing evidence that the information disclosed was known by that employer to be false at the time the disclosure was made or that the disclosure was made with malice or in reckless disregard for the truth or falsity of the information disclosed. Defines "known," for purposes of this section, to mean actual knowledge based on information relating to the employee, including any information maintained in a file by the employer on that employee. Provides that this chapter applies to a managerial employee or other representative of the employer, who is authorized to provide and who provides information, in the same manner that it applies to an employer. Sec. 103.005. EMPLOYMENT REFERENCE. Provides that this chapter does not require an employer to provide an employment reference to or about a current or former employee. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.