S.B. No. 563
AN ACT
relating to the efficiency of the operations of, and certain
information regarding services provided by, the Texas Workforce
Commission; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 301, Labor Code, is
amended by adding Section 301.068 to read as follows:
Sec. 301.068. EFFICIENCY PILOT PROGRAM. (a) The
commission shall establish a pilot program to:
(1) improve the efficiency and quality of commission
operations while reducing costs; and
(2) adopt a structured approach for identifying the
wasteful use of state resources and improving commission processes.
(b) In implementing the pilot program, the commission shall
use:
(1) a methodology that includes a define, measure,
analyze, improve, and control structure for reviewing project
management;
(2) a continuous improvement technique that:
(A) identifies value and a value stream;
(B) creates a flow for activities;
(C) allows consumers to pull products or services
through the process; and
(D) allows for the process to be perfected over
time; and
(3) a measurement system analysis to evaluate data.
(c) Not later than August 1, 2012, the commission shall
submit a written report on the effectiveness of the pilot program to
the:
(1) governor;
(2) lieutenant governor;
(3) speaker of the house of representatives;
(4) Senate Committee on Government Organization;
(5) House Government Efficiency and Reform Committee;
and
(6) house and senate committees with primary
jurisdiction over state affairs.
(d) The commission shall implement the pilot program from
available funds that may be used for that purpose.
(e) A state agency, other than the commission, may implement
the pilot program established under this section with respect to
the agency. An agency that implements the pilot program shall:
(1) submit the written report in the time and manner
described by Subsection (c); and
(2) use available resources to fund the pilot program.
(f) A report required by this section may be submitted
electronically.
(g) This section expires September 1, 2013.
SECTION 2. 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 3. 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 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 563 passed the Senate on
March 24, 2011, by the following vote: Yeas 31, Nays 0;
May 25, 2011, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 26, 2011, House
granted request of the Senate; May 28, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 563 passed the House, with
amendment, on May 23, 2011, by the following vote: Yeas 142,
Nays 0, one present not voting; May 26, 2011, House granted request
of the Senate for appointment of Conference Committee;
May 28, 2011, House adopted Conference Committee Report by the
following vote: Yeas 148, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor