83R15210 KSD-D
  By: Giddings H.B. No. 318
  Substitute the following for H.B. No. 318:
  By:  Rodriguez of Travis C.S.H.B. No. 318
  relating to employer access to the personal accounts of certain
  employees and job applicants through electronic communication
  devices; establishing an unlawful employment practice.
         SECTION 1.  Subchapter B, Chapter 21, Labor Code, is amended
  by adding Section 21.0605 to read as follows:
         Sec. 21.0605.  PERSONAL ACCOUNT ACCESS. (a)  In this
               (1)  "Electronic communication device" includes a
  computer, telephone, personal digital assistant, or similar device
  that uses electronic signals to create, transmit, and receive
               (2)  "Employer" includes an employer's agent,
  representative, or designee. The term does not include a state or
  local law enforcement agency.
         (b)  Except as provided by Subsection (c), an employer may
  not require or request that an employee or applicant for employment
  disclose a user name, password, or other means for accessing a
  personal account of the employee or applicant, including a personal
  e-mail account or a social networking website account or profile,
  through an electronic communication device.
         (c)  An employer may access a personal account of an employee
  if the employer holds a reasonable belief that the employee has
               (1)  state or federal law, including a federal
  regulation or any regulatory policy or guidance issued by a federal
  agency; or
               (2)  an employment policy of the employer, including a
  policy governing:
                     (A)  employee usage of an electronic
  communication device for work-related communications;
                     (B)  the storage of potentially sensitive,
  nonpublic consumer information or of employer proprietary
                     (C)  employee cooperation in a workplace
  investigation; or
                     (D)  the safety and security of employees and
  customers of the employer.
         (d)  An employer who violates this section commits an
  unlawful employment practice.
         (e)  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 accounts on those devices; or
                     (B)  employee usage of personal electronic
  communication devices during working hours;
               (2)  monitoring employee usage of employer-provided
  electronic communication devices or employer-provided e-mail
  accounts consistent with the requirements of this section; or
               (3)  obtaining information about an employee or
  applicant for employment that is in the public domain or that is
  otherwise lawfully obtained.
         (f)  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
               (3)  a securities firm or registered financial advisory
               (4)  a regulated loan company; or
               (5)  an insurance company or insurance agency.
         (g)  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).
         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, 2013.