By: Jackson S.B. No. 563
(Torres)
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.