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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-05-07 - Referred to Business & Commerce [HB318 Detail]
Download: Texas-2013-HB318-Engrossed.html
By: Giddings | H.B. No. 318 |
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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. |