Bill Text: TX HB1777 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to prohibiting an employer from accessing the personal online accounts of employees and job applicants through electronic communication devices; establishing an unlawful employment practice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-14 - Statement(s) of vote recorded in Journal [HB1777 Detail]
Download: Texas-2015-HB1777-Comm_Sub.html
84R20510 LED-F | |||
By: Giddings | H.B. No. 1777 | ||
Substitute the following for H.B. No. 1777: | |||
By: Oliveira | C.S.H.B. No. 1777 |
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relating to prohibiting an employer from accessing the personal | ||
online 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. PERSONAL ONLINE ACCOUNT ACCESS. (a) In this | ||
section: | ||
(1) "Electronic communication device" includes a | ||
computer, telephone, personal digital assistant, or similar device | ||
that uses electronic signals to create, transmit, and receive | ||
information. | ||
(2) "Employer" includes an employer's agent, | ||
representative, or designee. | ||
(3) "Personal online account" means an account, | ||
service, or profile on an Internet website that an individual uses | ||
for personal communication. The term: | ||
(A) includes: | ||
(i) a personal e-mail account; | ||
(ii) an account or profile on a social | ||
networking website; | ||
(iii) an electronic medium or service | ||
through which a user creates, shares, or views content, including | ||
e-mail, instant messages, text messages, blogs, podcasts, | ||
photographs, videos, and user-created profiles; | ||
(iv) an account containing personal | ||
financial information; and | ||
(v) an account containing confidential | ||
medical information; and | ||
(B) does not include an account or profile that | ||
an individual creates, services, maintains, uses, or accesses for: | ||
(i) business communication; or | ||
(ii) a business purpose of the employer. | ||
(b) Except under a written agreement described by | ||
Subsection (g), an employer commits an unlawful employment practice | ||
if the employer: | ||
(1) requires or requests that an employee or applicant | ||
for employment disclose a user name, password, or other means for | ||
accessing a personal online account of the employee or applicant | ||
through an electronic communication device; or | ||
(2) otherwise uses an employee's or applicant's user | ||
name, password, or other means to access a personal online account | ||
of the employee or applicant 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 online accounts on those devices; or | ||
(B) employee usage of personal electronic | ||
communication devices during working or billable hours; | ||
(2) monitoring, restricting, or prohibiting employee | ||
usage of employer-provided electronic communication devices or | ||
employer-provided e-mail accounts; | ||
(3) obtaining information about an employee or | ||
applicant for employment that is in the public domain or that is | ||
otherwise lawfully obtained; or | ||
(4) requesting an employee or applicant for employment | ||
to provide a personal e-mail address for the purpose of | ||
communicating with the employee or applicant. | ||
(d) An employer does not commit an unlawful employment | ||
practice if: | ||
(1) by monitoring employee usage of employer-provided | ||
electronic communication devices or employer-provided e-mail | ||
accounts, the employer inadvertently obtains a user name, password, | ||
or other means for accessing a personal online account of an | ||
employee; and | ||
(2) the employer does not use that means of access to | ||
access a personal online account of the employee. | ||
(e) This section does not apply to an employer engaged in | ||
financial services. For purposes of this subsection, "employer | ||
engaged in financial services" means: | ||
(1) a bank, savings and loan association or savings | ||
bank, credit union, or other depository institution or its | ||
subsidiaries or affiliates; | ||
(2) a mortgage banker or residential mortgage loan | ||
company; | ||
(3) a securities firm or registered financial advisory | ||
firm; | ||
(4) a regulated loan company; or | ||
(5) an insurance company or insurance agency. | ||
(f) 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). | ||
(g) This section does not apply to an employer who enters | ||
into a written agreement with an employee or applicant for | ||
employment in which the employee or applicant consents to the | ||
disclosure of a user name, password, or other means for accessing a | ||
personal online account of the employee or applicant through an | ||
electronic communication device. An employer may not require an | ||
employee or applicant for employment to sign a written agreement | ||
under this subsection as a condition of employment or of any term of | ||
employment. | ||
(h) This section does not apply to the law enforcement | ||
operations of a state or local agency that is responsible for the | ||
investigation, prosecution, or enforcement of criminal laws. | ||
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, 2015. |