HBA-SEP H.B. 989 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 989 By: Dutton State Affairs 2/28/2001 Introduced BACKGROUND AND PURPOSE Though personnel files may contain information that will have a major impact on an employee's future, current law does not require an employer to permit an employee to inspect the employee's personnel records. Unfortunately, a personnel file may contain inaccurate information of which an employee is unaware. While many companies permit employees to view their personnel files, some companies do not allow employees access and an opportunity to correct inaccurate information. House Bill 989 requires an employer to permit an employee to inspect the employee's personnel records at least two times in each calendar year. 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. ANALYSIS House Bill 989 amends the Labor Code to provide that it is an unlawful employment practice for an employer to refuse an employee's request to inspect the employee's personnel records. The employer is required to permit the employee to inspect the records at least two times in each calendar year unless otherwise provided in a collective bargaining agreement. The inspection of records must take place at a location reasonably near the employee's place of employment and during normal working hours. The bill does not create an entitlement for an employee to remove any part of the personnel record from the place of inspection. An employer retains the right to protect the records from loss, damage, or alteration to ensure the integrity of the records. The bill authorizes an employee and employer to agree to remove or correct any information in the employee's record with which the employee disagrees. If an agreement is unable to be reached between the employer and the employee, the employee is authorized to submit a written statement to be attached to the disputed material, explaining the employee's position regarding the disputed information. If the disputed material is released to a third party as part of the personnel record, the employee's statement must be included. EFFECTIVE DATE September 1, 2001.