Bill Text: TX HB318 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-05-07 - Referred to Business & Commerce [HB318 Detail]
Download: Texas-2013-HB318-Introduced.html
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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-05-07 - Referred to Business & Commerce [HB318 Detail]
Download: Texas-2013-HB318-Introduced.html
83R672 KJM-D | ||
By: Giddings | H.B. No. 318 |
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relating to prohibiting an employer from requiring or requesting | ||
access to the personal accounts of 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 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. | ||
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. |