S.B. No. 1619

	AN ACT
	relating to the confidentiality of certain employment information,
	including unemployment compensation information; providing
	criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsections (c) and (d), Section 301.081, Labor
	Code, are amended to read as follows:
	(c)  Employment information [thus] obtained or otherwise
	secured under this section may not be published and is not open to
	public inspection, other than to a public employee in the
	performance of public duties, except as the commission considers
	necessary for the proper administration of this title or as
	provided by commission rule and consistent with federal law.
	(d)  A person commits an offense if the person [is an
	employee or member of the commission who] violates any provision of
	this section. An offense under this subsection is a Class A
	misdemeanor [is punishable by a fine of not less than $20 nor more
	than $200, confinement in jail for not more than 90 days, or both
	fine and confinement].
	SECTION 2.  Subchapter F, Chapter 301, Labor Code, is
	amended by adding Section 301.085 to read as follows:
	Sec. 301.085.  UNEMPLOYMENT COMPENSATION INFORMATION;
	OFFENSE; PENALTY. (a)  In this section, "unemployment
	compensation information" means information in the records of the
	commission that pertains to the administration of Subtitle A,
	including any information collected, received, developed, or
	maintained in the administration of unemployment compensation
	benefits or the unemployment compensation tax system.
	(b)  Consistent with federal law, the commission shall adopt
	and enforce reasonable rules governing the confidentiality,
	custody, use, preservation, and disclosure of unemployment
	compensation information. The rules must include safeguards to
	protect the confidentiality of identifying information regarding
	any individual or any past or present employer or employing unit
	contained in unemployment compensation information, including any
	information that foreseeably could be combined with other publicly
	available information to reveal identifying information regarding
	the individual, employer, or employing unit, as applicable.
	(c)  Unemployment compensation information is not public
	information for purposes of Chapter 552, Government Code.
	(d)  Unless permitted by this subchapter or commission rule,
	a person commits an offense if the person solicits, discloses,
	receives, or uses, or authorizes, permits, participates in, or
	acquiesces in another person's use of, unemployment compensation
	information that reveals:
	(1)  identifying information regarding any individual
	or past or present employer or employing unit; or
	(2)  information that foreseeably could be combined
	with other publicly available information to reveal identifying
	information regarding any individual or past or present employer or
	employing unit.
	(e)  An offense under Subsection (d) is a Class A
	misdemeanor.
	SECTION 3.  The change in law made by this Act to Subsection
	(d), Section 301.081, Labor Code, applies only to an offense
	committed on or after the effective date of this Act.  An offense
	committed before the effective date of this Act is governed by the
	law in effect at the time the offense was committed, and the former
	law is continued in effect for that purpose.  For purposes of this
	section, an offense was committed before the effective date of this
	Act if any element of the offense was committed before that date.
	SECTION 4.  This Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1619 passed the Senate on
	May 1, 2007, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1619 passed the House on
	May 23, 2007, by the following vote:  Yeas 144, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor