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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain employment information, |
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including unemployment compensation information; providing |
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criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (c) and (d), Section 301.081, Labor |
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Code, are amended to read as follows: |
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(c) Employment information [thus] obtained or otherwise |
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secured under this section may not be published and is not open to |
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public inspection, other than to a public employee in the |
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performance of public duties, except as the commission considers |
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necessary for the proper administration of this title or as |
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provided by commission rule and consistent with federal law. |
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(d) A person commits an offense if the person [is an
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employee or member of the commission who] violates any provision of |
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this section. An offense under this subsection is a Class A |
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misdemeanor [is punishable by a fine of not less than $20 nor more
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than $200, confinement in jail for not more than 90 days, or both
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fine and confinement]. |
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SECTION 2. Subchapter F, Chapter 301, Labor Code, is |
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amended by adding Section 301.085 to read as follows: |
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Sec. 301.085. UNEMPLOYMENT COMPENSATION INFORMATION; |
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OFFENSE; PENALTY. (a) In this section, "unemployment |
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compensation information" means information in the records of the |
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commission that pertains to the administration of Subtitle A, |
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including any information collected, received, developed, or |
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maintained in the administration of unemployment compensation |
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benefits or the unemployment compensation tax system. |
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(b) Consistent with federal law, the commission shall adopt |
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and enforce reasonable rules governing the confidentiality, |
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custody, use, preservation, and disclosure of unemployment |
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compensation information. The rules must include safeguards to |
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protect the confidentiality of identifying information regarding |
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any individual or any past or present employer or employing unit |
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contained in unemployment compensation information, including any |
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information that foreseeably could be combined with other publicly |
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available information to reveal identifying information regarding |
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the individual, employer, or employing unit, as applicable. |
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(c) Unemployment compensation information is not public |
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information for purposes of Chapter 552, Government Code. |
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(d) Unless permitted by this subchapter or commission rule, |
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a person commits an offense if the person solicits, discloses, |
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receives, or uses, or authorizes, permits, participates in, or |
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acquiesces in another person's use of, unemployment compensation |
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information that reveals: |
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(1) identifying information regarding any individual |
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or past or present employer or employing unit; or |
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(2) information that foreseeably could be combined |
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with other publicly available information to reveal identifying |
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information regarding any individual or past or present employer or |
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employing unit. |
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(e) An offense under Subsection (d) is a Class A |
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misdemeanor. |
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SECTION 3. The change in law made by this Act to Subsection |
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(d), Section 301.081, Labor Code, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect at the time the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |