83R333 KJM-D
By: Ellis S.B. No. 416
A BILL TO BE ENTITLED
AN ACT
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.