By: Lucio S.B. No. 1619

A BILL TO BE ENTITLED

AN ACT

relating to unemployment compensation information confidentiality, and providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 301.081, Subchapter F, Chapter 301, Labor Code, is amended to read as follows:

Sec. 301.081. EMPLOYEE RECORDS OF EMPLOYING UNIT; OFFENSE; PENALTY. (a) Each employing unit shall keep employment records containing information as prescribed by the commission and as necessary for the proper administration of this title. The records are open to inspection and may be copied by the commission or an authorized representative of the commission at any reasonable time and as often as necessary.

(b) The commission may require from an employing unit sworn or unsworn reports regarding persons employed by the employing unit as necessary for the effective administration of this title.

(c) Employment information thus obtained or otherwise secured may not be published and is not open to public inspection, other than to a public employee in the performance of public duties, except as the commission considers necessary for the proper administration of this title or as provided by commission rule and consistent with federal law.

(d) A person commits an offense if the person [is an employee or member of the commission who] violates any provision of this section. An offense under this subsection constitutes a Class A Misdemeanor. [is punishable by a fine of not less than $20 nor more than $200, confinement in jail for not more than 90 days, or both fine and confinement.]

SECTION 2. Subchapter F, Chapter 301, Labor Code is amended by adding Sections 301.085 and 301.086 to read as follows:

Sec. 301.085. DISCLOSURE AND CONFIDENTIALITY OF INFORMATION. (a) "Unemployment compensation information" means information in the records of the Texas Workforce Commission that pertains to the administration of the Texas Unemployment Compensation Act, as provided in this title, including all information collected, received, developed, and maintained in the administration of the unemployment compensation benefits system and in the administration of the unemployment compensation tax system.

(b) Consistent with federal law, the commission shall establish and enforce reasonable rules governing the confidentiality, custody, use, preservation and disclosure of unemployment compensation information.

(c) In establishing rules under subsection (b), the commission shall, by rule, include safeguards which protect the confidentiality of identifying information or particulars about any individual or any past or present employer or employing unit contained in unemployment compensation information, including any information which could foreseeably be combined with other publicly available information to reveal identifying information or particulars about any individual or past or present employer or employing unit.

(d) Unemployment compensation information is not subject to the provisions of Chapter 552, Texas Government Code.

Sec. 301.086. DISCLOSURE OF CERTAIN INFORMATION PROHIBITED; OFFENSE; PENALTY. (a) Except as permitted under this subchapter and commission rule, it is an offense for a person to solicit, disclose, receive, or make use of, or to authorize, permit, participate in, or acquiesce in the use of unemployment compensation information revealing identifying information or particulars regarding:

(1) any individual,

(2) any past or present employer or employing unit, or

(3) any information which could foreseeably be combined with other publicly available information to reveal identifying information or particulars about any individual or past or present employer or employing unit.

(b) An offense under this section is a Class A misdemeanor.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all 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.