|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to employment verification agreements between the Texas |
|
Workforce Commission and consumer reporting agencies. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 301.081(c), Labor Code, is amended to |
|
read as follows: |
|
(c) Except as the commission considers necessary for the |
|
proper administration of this title, employment [Employment] |
|
information [thus] obtained or otherwise secured under this section |
|
may not be published and is not open to public inspection, other |
|
than to: |
|
(1) a public employee in the performance of public |
|
duties; or |
|
(2) a consumer reporting agency in the manner provided |
|
by Section 301.0811[, except as the commission considers necessary
|
|
for the proper administration of this title]. |
|
SECTION 2. Subchapter F, Chapter 301, Labor Code, is |
|
amended by adding Section 301.0811 to read as follows: |
|
Sec. 301.0811. AGREEMENT WITH CONSUMER REPORTING AGENCY. |
|
(a) Subject to the Fair Credit Reporting Act (15 U.S.C. Section |
|
1681 et seq.), as amended, the commission may enter into an |
|
agreement with one or more consumer reporting agencies under which |
|
the consumer reporting agency provides to private and governmental |
|
entities secure electronic access to employee wage information for |
|
each of the preceding 16 or more quarters obtained by the commission |
|
from employing units under Section 301.081. |
|
(b) Before entering into an agreement with a consumer |
|
reporting agency under this section, the commission by rule shall |
|
establish minimum audit, security, net worth, and liability |
|
insurance standards, technological requirements, and any other |
|
standards or requirements the commission considers necessary to |
|
safeguard the confidentiality of the employee wage information |
|
provided to a credit reporting agency under this section or to |
|
otherwise serve the public interest. |
|
(c) An agreement entered into under this section must |
|
provide that an employee's wage information may be released by the |
|
credit reporting agency to a private or governmental entity only if |
|
the entity has obtained from the employee a written consent or an |
|
approved electronic equivalent that: |
|
(1) informs the employee that: |
|
(A) the employee's consent to the disclosure of |
|
the employee's wage information is voluntary; |
|
(B) the employee's refusal to consent to |
|
disclosure of the employee's wage information may not be made the |
|
basis for the denial of credit; |
|
(C) if the employee grants consent, the |
|
employee's wage and employment history will be released; |
|
(D) the release of the employee's wage |
|
information is being made for a specific transaction; and |
|
(E) commission files containing wage and |
|
employment history information regarding the employee submitted by |
|
employers of the employee may be accessed; |
|
(2) identifies the specific transaction for which the |
|
release of the employee's wage information is being made; and |
|
(3) includes the name of each person authorized to |
|
receive released information regarding the employee. |
|
(d) Information released by a credit reporting agency to a |
|
private or governmental entity under an agreement with the |
|
commission under this section may be used by the entity only to: |
|
(1) verify the accuracy of the wage or employment |
|
information previously provided by an employee in connection with |
|
a single credit transaction or an employment transaction; and |
|
(2) satisfy: |
|
(A) obligations imposed on the entity by |
|
applicable fair credit reporting laws; or |
|
(B) standard underwriting or eligibility |
|
requirements or other requirements imposed on the entity. |
|
(e) The release of any information obtained by a credit |
|
reporting agency under an agreement with the commission under this |
|
section may be made only for a purpose and in a manner authorized by |
|
the United States Department of Labor. |
|
(f) Each consumer reporting agency that enters into an |
|
agreement with the commission under this section shall pay a |
|
proportionate share of all development and other start-up costs and |
|
ongoing costs incurred by the commission in connection with |
|
implementing systems and procedures for the purposes of this |
|
section and a reasonable cost for the disclosure of employee wage |
|
information under this section. The consumer reporting agency |
|
shall make the payment in the amount and manner prescribed by the |
|
commission. |
|
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, 2007. |