84R20510 LED-F
By: Giddings H.B. No. 1777
Substitute the following for H.B. No. 1777:
By: Oliveira C.S.H.B. No. 1777
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting an employer from accessing the personal
online accounts of 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 ONLINE 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.
(3) "Personal online account" means an account,
service, or profile on an Internet website that an individual uses
for personal communication. The term:
(A) includes:
(i) a personal e-mail account;
(ii) an account or profile on a social
networking website;
(iii) an electronic medium or service
through which a user creates, shares, or views content, including
e-mail, instant messages, text messages, blogs, podcasts,
photographs, videos, and user-created profiles;
(iv) an account containing personal
financial information; and
(v) an account containing confidential
medical information; and
(B) does not include an account or profile that
an individual creates, services, maintains, uses, or accesses for:
(i) business communication; or
(ii) a business purpose of the employer.
(b) Except under a written agreement described by
Subsection (g), an employer commits an unlawful employment practice
if the employer:
(1) requires or requests that an employee or applicant
for employment disclose a user name, password, or other means for
accessing a personal online account of the employee or applicant
through an electronic communication device; or
(2) otherwise uses an employee's or applicant's user
name, password, or other means to access a personal online account
of the employee or applicant 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 online accounts on those devices; or
(B) employee usage of personal electronic
communication devices during working or billable hours;
(2) monitoring, restricting, or prohibiting employee
usage of employer-provided electronic communication devices or
employer-provided e-mail accounts;
(3) obtaining information about an employee or
applicant for employment that is in the public domain or that is
otherwise lawfully obtained; or
(4) requesting an employee or applicant for employment
to provide a personal e-mail address for the purpose of
communicating with the employee or applicant.
(d) An employer does not commit an unlawful employment
practice if:
(1) by monitoring employee usage of employer-provided
electronic communication devices or employer-provided e-mail
accounts, the employer inadvertently obtains a user name, password,
or other means for accessing a personal online account of an
employee; and
(2) the employer does not use that means of access to
access a personal online account of the employee.
(e) 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.
(f) 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).
(g) This section does not apply to an employer who enters
into a written agreement with an employee or applicant for
employment in which the employee or applicant consents to the
disclosure of a user name, password, or other means for accessing a
personal online account of the employee or applicant through an
electronic communication device. An employer may not require an
employee or applicant for employment to sign a written agreement
under this subsection as a condition of employment or of any term of
employment.
(h) This section does not apply to the law enforcement
operations of a state or local agency that is responsible for the
investigation, prosecution, or enforcement of criminal laws.
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, 2015.