H.B. No. 2463
  relating to access to certain records regarding an employment
  discrimination claim.
         SECTION 1.  Section 21.304, Labor Code, is amended to read as
         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 to read as
         Sec. 21.305.  ACCESS TO COMMISSION RECORDS.  (a)  Except as
  provided by Subsection (c), the [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.
         (b)  Except as provided by Subsection (c), unless [Unless]
  the complaint is resolved through a voluntary settlement or
  conciliation, on the written request of a party the executive
  director shall allow the party access to the commission records:
               (1)  after the final action of the commission; or
               (2)  if a civil action relating to the complaint is
  filed in federal court alleging a violation of federal law.
         (c)  Notwithstanding Section 552.023, Government Code, the
  following information is not considered public information for the
  purposes of Chapter 552, Government Code, and may not be disclosed
  to a party to a complaint filed under Section 21.201:
               (1)  identifying information of persons other than the
  parties and witnesses to the complaint;
               (2)  identifying information about confidential
  witnesses, including any confidential statement given by the
               (3)  sensitive medical information about the charging
  party or a witness to the complaint that is:
                     (A)  provided by a person other than the person
  requesting the information; and
                     (B)  not relevant to issues raised in the
  complaint, including information that identifies injuries,
  impairments, pregnancies, disabilities, or other medical
  conditions that are not obviously apparent or visible;
               (4)  identifying information about a person other than
  the charging party that is found in sensitive medical information
  regardless of whether the information is relevant to the complaint;
               (5)  nonsensitive medical information that is relevant
  to the complaint if the disclosure would result in an invasion of
  personal privacy, unless the information is generally known or has
  been previously reported to the public;
               (6)  identifying information about other respondents
  or employers not a party to the complaint;
               (7)  information relating to settlement offers or
  conciliation agreements received from one party that was not
  conveyed to the other and information contained in a separate
  alternative dispute resolution file prepared for mediation
  purposes; and
               (8)  identifying information about a person on whose
  behalf a complaint was filed if the person has requested that the
  person's identity as a complaining party remain confidential.
         (d)  In this section, "identifying information" has the
  meaning assigned by Section 32.51, Penal Code.
         SECTION 3.  This Act takes effect September 1, 2011.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 2463 was passed by the House on April
  14, 2011, by the following vote:  Yeas 142, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2463 on May 27, 2011, by the following vote:  Yeas 143, Nays 0,
  2 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 2463 was passed by the Senate, with
  amendments, on May 25, 2011, by the following vote:  Yeas 31, Nays
  Secretary of the Senate   
  APPROVED: __________________