83R333 KJM-D
 
  By: Ellis S.B. No. 416
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restrictions on access to certain personal online
  accounts through electronic communication devices by employers or
  public or private institutions of higher education; establishing an
  unlawful employment practice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.978 to read as follows:
         Sec. 51.978.  RESTRICTIONS ON ACCESSING SOCIAL NETWORKING
  ACCOUNTS OF CURRENT OR PROSPECTIVE STUDENTS. (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)  This section applies to institutions of higher
  education and private or independent institutions of higher
  education, as those terms are defined by Section 61.003.
         (c)  An institution to which this section applies may not:
               (1)  request or require that a current or prospective
  student of the institution:
                     (A)  disclose a user name, password, or other
  means for accessing the student's social networking account or
  profile through an electronic communication device;
                     (B)  access the student's social networking
  account or profile through an electronic communication device in
  the presence of an agent or employee of the institution; or
                     (C)  provide the institution or an agent or
  employee of the institution access to the student's social
  networking account or profile by adding the institution, agent, or
  employee as a person with the student's permission to view the
  student's account or profile in a manner not available to persons
  without the student's permission;
               (2)  access a student or prospective student of the
  institution's social networking account or profile through or using
  information obtained from a person who has been granted permission
  by the student to view the student's account or profile in a manner
  not available to persons without the student's permission; or
               (3)  retaliate or threaten to retaliate against a
  student or prospective student of the institution, including by
  subjecting the student to disciplinary action, affecting the
  student's financial aid eligibility or award, or restricting,
  withholding, or revoking the student's admission to or enrollment
  status at the institution, for the student's refusal to provide the
  institution with access to the student's social networking account
  or profile in a manner described by Subdivision (1).
         (d)  This section does not prohibit an institution to which
  this section applies from:
               (1)  accessing a current or prospective student's
  social networking account or profile as part of:
                     (A)  a legitimate investigation of suspected
  criminal activity by the student conducted by the institution's
  peace officers; or
                     (B)  an investigation, inquiry, or determination
  conducted by the institution pursuant to its threat assessment
  policy or protocol; or
               (2)  obtaining online information about a current or
  prospective student that is in the public domain or that is
  otherwise lawfully obtained by the institution.
         SECTION 2.  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 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 online information about an employee or
  applicant for employment that is in the public domain or that is
  otherwise lawfully obtained.
         SECTION 3.  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.