83R15210 KSD-D
By: Giddings H.B. No. 318
Substitute the following for H.B. No. 318:
By: Rodriguez of Travis C.S.H.B. No. 318
A BILL TO BE ENTITLED
AN ACT
relating to employer access to the personal accounts of certain
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 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. The term does not include a state or
local law enforcement agency.
(b) Except as provided by Subsection (c), an employer may
not require or request 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 website account or profile,
through an electronic communication device.
(c) An employer may access a personal account of an employee
if the employer holds a reasonable belief that the employee has
violated:
(1) state or federal law, including a federal
regulation or any regulatory policy or guidance issued by a federal
agency; or
(2) an employment policy of the employer, including a
policy governing:
(A) employee usage of an electronic
communication device for work-related communications;
(B) the storage of potentially sensitive,
nonpublic consumer information or of employer proprietary
information;
(C) employee cooperation in a workplace
investigation; or
(D) the safety and security of employees and
customers of the employer.
(d) An employer who violates this section commits an
unlawful employment practice.
(e) 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 consistent with the requirements of this section; or
(3) obtaining information about an employee or
applicant for employment that is in the public domain or that is
otherwise lawfully obtained.
(f) 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.
(g) 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).
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, 2013.