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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting an employer from accessing the personal |
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online accounts of employees and job applicants through electronic |
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communication devices; establishing an unlawful employment |
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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 ONLINE 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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(3) "Personal online account" means an account, |
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service, or profile on an Internet website that an individual uses |
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for personal communication. The term: |
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(A) includes: |
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(i) a personal e-mail account; |
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(ii) an account or profile on a social |
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networking website; |
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(iii) an electronic medium or service |
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through which a user creates, shares, or views content, including |
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e-mail, instant messages, text messages, blogs, podcasts, |
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photographs, videos, and user-created profiles; |
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(iv) an account containing personal |
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financial information; and |
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(v) an account containing confidential |
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medical information; and |
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(B) does not include an account or profile that |
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an individual creates, services, maintains, uses, or accesses for: |
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(i) business communication; or |
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(ii) a business purpose of the employer. |
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(b) Except under a written agreement described by |
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Subsection (g), an employer commits an unlawful employment practice |
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if the employer: |
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(1) requires or requests that an employee or applicant |
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for employment disclose a user name, password, or other means for |
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accessing a personal online account of the employee or applicant |
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through an electronic communication device; or |
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(2) otherwise uses an employee's or applicant's user |
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name, password, or other means to access a personal online account |
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of the employee or applicant through an electronic communication |
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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 online accounts on those devices; or |
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(B) employee usage of personal electronic |
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communication devices during working or billable hours; |
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(2) monitoring, restricting, or prohibiting employee |
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usage of employer-provided electronic communication devices or |
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employer-provided e-mail accounts; |
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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; or |
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(4) requesting an employee or applicant for employment |
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to provide a personal e-mail address for the purpose of |
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communicating with the employee or applicant. |
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(d) An employer does not commit an unlawful employment |
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practice if: |
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(1) by monitoring employee usage of employer-provided |
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electronic communication devices or employer-provided e-mail |
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accounts, the employer inadvertently obtains a user name, password, |
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or other means for accessing a personal online account of an |
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employee; and |
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(2) the employer does not use that means of access to |
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access a personal online account of the employee. |
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(e) 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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(f) 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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(g) This section does not apply to an employer who enters |
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into a written agreement with an employee or applicant for |
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employment in which the employee or applicant consents to the |
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disclosure of a user name, password, or other means for accessing a |
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personal online account of the employee or applicant through an |
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electronic communication device. An employer may not require an |
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employee or applicant for employment to sign a written agreement |
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under this subsection as a condition of employment or of any term of |
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employment. |
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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, 2015. |