Bill Text: TX HB318 | 2013-2014 | 83rd Legislature | Engrossed


Bill Title: Relating to employer access to the personal accounts of certain employees and job applicants through electronic communication devices; establishing an unlawful employment practice.

Status: (Engrossed) 2013-05-07 - Referred to Business & Commerce [HB318 Detail]

Download: Texas-2013-HB318-Engrossed.html
 
 
  By: Giddings H.B. No. 318
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to employer access to the personal accounts of certain
  employees and job applicants through electronic communication
  devices; establishing an unlawful employment practice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 21, Labor Code, is amended
  by adding Section 21.0605 to read as follows:
         Sec. 21.0605.  REQUIRING OR REQUESTING PERSONAL ACCOUNT
  ACCESS.  (a)  In this section, "electronic communication device"
  includes a computer, telephone, personal digital assistant, or
  similar device that uses electronic signals to create, transmit,
  and receive information.
         (b)  An employer, other than a state or local law enforcement
  agency, commits an unlawful employment practice if the employer
  requires or requests that an employee or applicant for employment
  disclose a user name, password, or other means for accessing a
  personal account of the employee or applicant, including a personal
  e-mail account or a social networking website account or profile,
  through an electronic communication device.
         (c)  This section does not prohibit an employer from:
               (1)  maintaining lawful workplace policies governing:
                     (A)  employee usage of employer-provided
  electronic communication devices, including employee access to
  personal accounts on those devices; or
                     (B)  employee usage of personal electronic
  communication devices during working hours;
               (2)  monitoring employee usage of employer-provided
  electronic communication devices or employer-provided e-mail
  accounts; or
               (3)  obtaining information about an employee or
  applicant for employment that is in the public domain or that is
  otherwise lawfully obtained.
         (d)  This section does not apply to a personal social media
  account or an electronic communication device of a financial
  services employee who uses the account or device to conduct
  business of the employer that is subject to the content,
  supervision, and retention requirements imposed by federal
  securities laws and regulations or by a self-regulatory
  organization, as defined by Section 3(a)(26), Securities Exchange
  Act of 1934 (15 U.S.C. Section 78c).
         (e)  This section does apply if an employer and an employee
  of the employer have entered into a contractual agreement under
  which the employee consents to the disclosure of a user name,
  password, or other means of accessing a personal account of the
  employee through an electronic communication device.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
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