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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. PERSONAL ACCOUNT ACCESS. (a) In this |
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section: |
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(1) "Electronic communication device" includes a |
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computer, telephone, personal digital assistant, or similar device |
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that uses electronic signals to create, transmit, and receive |
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information. |
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(2) "Employer" includes an employer's agent, |
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representative, or designee. The term does not include a state or |
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local law enforcement agency. |
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(b) Except as provided by Subsection (c), an employer may |
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not require or request 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) An employer may access a personal account of an employee |
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if the employer holds a reasonable belief that the employee has |
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violated: |
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(1) state or federal law, including a federal |
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regulation or any regulatory policy or guidance issued by a federal |
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agency; or |
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(2) an employment policy of the employer, including a |
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policy governing: |
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(A) employee usage of an electronic |
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communication device for work-related communications; |
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(B) the storage of potentially sensitive, |
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nonpublic consumer information or of employer proprietary |
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information; |
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(C) employee cooperation in a workplace |
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investigation; or |
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(D) the safety and security of employees and |
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customers of the employer. |
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(d) An employer who violates this section commits an |
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unlawful employment practice. |
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(e) 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 consistent with the requirements of this section; 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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(f) This section does not apply to an employer engaged in |
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financial services. For purposes of this subsection, "employer |
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engaged in financial services" means: |
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(1) a bank, savings and loan association or savings |
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bank, credit union, or other depository institution or its |
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subsidiaries or affiliates; |
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(2) a mortgage banker or residential mortgage loan |
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company; |
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(3) a securities firm or registered financial advisory |
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firm; |
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(4) a regulated loan company; or |
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(5) an insurance company or insurance agency. |
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(g) 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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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. |