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A BILL TO BE ENTITLED
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AN ACT
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relating to information regarding job matching services provided by |
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the Texas Workforce Commission; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 301.085, Labor Code, is |
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amended to read as follows: |
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Sec. 301.085. UNEMPLOYMENT COMPENSATION AND JOB MATCHING |
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SERVICES INFORMATION; OFFENSE; PENALTY. |
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SECTION 2. Section 301.085, Labor Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsection (b-1) |
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to read as follows: |
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(a) In this section: |
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(1) "Job matching services information" means |
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information in the records of the commission that pertains to the |
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commission's job matching services provided to employers and job |
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seekers through the Internet, workforce centers, or other means. |
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(2) "Unemployment [, "unemployment] compensation |
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information" means information in the records of the commission |
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that pertains to the administration of Subtitle A, including any |
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information collected, received, developed, or maintained in the |
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administration of unemployment compensation benefits or the |
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unemployment compensation tax system. |
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(b-1) The commission shall adopt and enforce reasonable |
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rules governing the confidentiality, custody, use, preservation, |
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and disclosure of job matching services information. The rules |
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must include safeguards to protect the confidentiality of |
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identifying information regarding any individual or any past or |
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present employer or employing unit contained in job matching |
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services information, including any information that foreseeably |
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could be combined with other publicly available information to |
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reveal identifying information regarding the individual, employer, |
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or employing unit, as applicable. |
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(c) Unemployment compensation information and job matching |
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services information are [is] not public information for purposes |
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of Chapter 552, Government Code. |
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(d) Unless permitted by this subchapter or commission rule, |
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a person commits an offense if the person solicits, discloses, |
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receives, or uses, or authorizes, permits, participates in, or |
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acquiesces in another person's use of, unemployment compensation |
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information or job matching services information that reveals: |
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(1) identifying information regarding any individual |
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or past or present employer or employing unit; or |
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(2) information that foreseeably could be combined |
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with other publicly available information to reveal identifying |
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information regarding any individual or past or present employer or |
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employing unit. |
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SECTION 3. This Act takes effect September 1, 2011. |