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A BILL TO BE ENTITLED
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AN ACT
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relating to employer access to the personal accounts of certain |
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employees and job applicants through electronic communication |
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devices; establishing an unlawful employment practice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended |
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by adding Section 21.0605 to read as follows: |
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Sec. 21.0605. REQUIRING OR REQUESTING PERSONAL ACCOUNT |
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ACCESS. (a) In this section, "electronic communication device" |
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includes a computer, telephone, personal digital assistant, or |
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similar device that uses electronic signals to create, transmit, |
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and receive information. |
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(b) An employer, other than a state or local law enforcement |
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agency, commits an unlawful employment practice if the employer |
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requires or requests that an employee or applicant for employment |
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disclose a user name, password, or other means for accessing a |
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personal account of the employee or applicant, including a personal |
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e-mail account or a social networking website account or profile, |
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through an electronic communication device. |
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(c) This section does not prohibit an employer from: |
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(1) maintaining lawful workplace policies governing: |
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(A) employee usage of employer-provided |
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electronic communication devices, including employee access to |
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personal accounts on those devices; or |
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(B) employee usage of personal electronic |
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communication devices during working hours; |
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(2) monitoring employee usage of employer-provided |
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electronic communication devices or employer-provided e-mail |
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accounts; or |
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(3) obtaining information about an employee or |
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applicant for employment that is in the public domain or that is |
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otherwise lawfully obtained. |
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(d) This section does not apply to a personal social media |
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account or an electronic communication device of a financial |
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services employee who uses the account or device to conduct |
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business of the employer that is subject to the content, |
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supervision, and retention requirements imposed by federal |
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securities laws and regulations or by a self-regulatory |
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organization, as defined by Section 3(a)(26), Securities Exchange |
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Act of 1934 (15 U.S.C. Section 78c). |
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(e) This section does apply if an employer and an employee |
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of the employer have entered into a contractual agreement under |
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which the employee consents to the disclosure of a user name, |
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password, or other means of accessing a personal account of the |
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employee through an electronic communication device. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |