Bill Text: TX HB451 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to restrictions on access to certain personal online accounts through electronic communication devices by employers or public or private institutions of higher education; establishing an unlawful employment practice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-11 - Referred to Higher Education [HB451 Detail]
Download: Texas-2013-HB451-Introduced.html
| 83R333 KJM-D | ||
| By: Dukes | H.B. No. 451 | |
|
|
||
|
|
||
| relating to restrictions on access to certain personal online | ||
| accounts through electronic communication devices by employers or | ||
| public or private institutions of higher education; establishing an | ||
| unlawful employment practice. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.978 to read as follows: | ||
| Sec. 51.978. RESTRICTIONS ON ACCESSING SOCIAL NETWORKING | ||
| ACCOUNTS OF CURRENT OR PROSPECTIVE STUDENTS. (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) This section applies to institutions of higher | ||
| education and private or independent institutions of higher | ||
| education, as those terms are defined by Section 61.003. | ||
| (c) An institution to which this section applies may not: | ||
| (1) request or require that a current or prospective | ||
| student of the institution: | ||
| (A) disclose a user name, password, or other | ||
| means for accessing the student's social networking account or | ||
| profile through an electronic communication device; | ||
| (B) access the student's social networking | ||
| account or profile through an electronic communication device in | ||
| the presence of an agent or employee of the institution; or | ||
| (C) provide the institution or an agent or | ||
| employee of the institution access to the student's social | ||
| networking account or profile by adding the institution, agent, or | ||
| employee as a person with the student's permission to view the | ||
| student's account or profile in a manner not available to persons | ||
| without the student's permission; | ||
| (2) access a student or prospective student of the | ||
| institution's social networking account or profile through or using | ||
| information obtained from a person who has been granted permission | ||
| by the student to view the student's account or profile in a manner | ||
| not available to persons without the student's permission; or | ||
| (3) retaliate or threaten to retaliate against a | ||
| student or prospective student of the institution, including by | ||
| subjecting the student to disciplinary action, affecting the | ||
| student's financial aid eligibility or award, or restricting, | ||
| withholding, or revoking the student's admission to or enrollment | ||
| status at the institution, for the student's refusal to provide the | ||
| institution with access to the student's social networking account | ||
| or profile in a manner described by Subdivision (1). | ||
| (d) This section does not prohibit an institution to which | ||
| this section applies from: | ||
| (1) accessing a current or prospective student's | ||
| social networking account or profile as part of: | ||
| (A) a legitimate investigation of suspected | ||
| criminal activity by the student conducted by the institution's | ||
| peace officers; or | ||
| (B) an investigation, inquiry, or determination | ||
| conducted by the institution pursuant to its threat assessment | ||
| policy or protocol; or | ||
| (2) obtaining online information about a current or | ||
| prospective student that is in the public domain or that is | ||
| otherwise lawfully obtained by the institution. | ||
| SECTION 2. 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 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 online information about an employee or | ||
| applicant for employment that is in the public domain or that is | ||
| otherwise lawfully obtained. | ||
| SECTION 3. 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. | ||
