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.