A BILL TO BE ENTITLED
relating to prohibiting an employer from requiring or requesting
access to the personal accounts of employees and job applicants
through electronic communication devices; establishing an unlawful
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended
by adding Section 21.0605 to read as follows:
Sec. 21.0605. REQUIRING OR REQUESTING PERSONAL ACCOUNT
ACCESS. (a) In this section, "electronic communication device"
includes a computer, telephone, personal digital assistant, or
similar device that uses electronic signals to create, transmit,
and receive information.
(b) An employer commits an unlawful employment practice if
the employer requires or requests 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) 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
(3) obtaining information about an employee or
applicant for employment that is in the public domain or that is
otherwise lawfully obtained.
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.
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