83R672 KJM-D
 
  By: Hinojosa S.B. No. 118
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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
  employment practice.
         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
  accounts; or
               (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.