| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to information regarding job matching services provided by |
|
|
the Texas Workforce Commission; providing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 301.085, Labor Code, is |
|
|
amended to read as follows: |
|
|
Sec. 301.085. UNEMPLOYMENT COMPENSATION AND JOB MATCHING |
|
|
SERVICES INFORMATION; OFFENSE; PENALTY. |
|
|
SECTION 2. Section 301.085, Labor Code, is amended by |
|
|
amending Subsections (a), (c), and (d) and adding Subsection (b-1) |
|
|
to read as follows: |
|
|
(a) In this section: |
|
|
(1) "Job matching services information" means |
|
|
information in the records of the commission that pertains to the |
|
|
commission's job matching services provided to employers and job |
|
|
seekers through the Internet, workforce centers, or other means. |
|
|
(2) "Unemployment[, "unemployment] compensation |
|
|
information" means information in the records of the commission |
|
|
that pertains to the administration of Subtitle A, including any |
|
|
information collected, received, developed, or maintained in the |
|
|
administration of unemployment compensation benefits or the |
|
|
unemployment compensation tax system. |
|
|
(b-1) The commission shall adopt and enforce reasonable |
|
|
rules governing the confidentiality, custody, use, preservation, |
|
|
and disclosure of job matching services information. The rules |
|
|
must include safeguards to protect the confidentiality of |
|
|
identifying information regarding any individual or any past or |
|
|
present employer or employing unit contained in job matching |
|
|
services information, including any information that foreseeably |
|
|
could be combined with other publicly available information to |
|
|
reveal identifying information regarding the individual, employer, |
|
|
or employing unit, as applicable. |
|
|
(c) Unemployment compensation information and job matching |
|
|
services information are [is] not public information for purposes |
|
|
of Chapter 552, Government Code. |
|
|
(d) Unless permitted by this subchapter or commission rule, |
|
|
a person commits an offense if the person solicits, discloses, |
|
|
receives, or uses, or authorizes, permits, participates in, or |
|
|
acquiesces in another person's use of, unemployment compensation |
|
|
information or job matching services information that reveals: |
|
|
(1) identifying information regarding any individual |
|
|
or past or present employer or employing unit; or |
|
|
(2) information that foreseeably could be combined |
|
|
with other publicly available information to reveal identifying |
|
|
information regarding any individual or past or present employer or |
|
|
employing unit. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |