S.B. No. 563

	AN ACT
	relating to the efficiency of the operations of, and certain
	information regarding services provided by, the Texas Workforce
	Commission; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter D, Chapter 301, Labor Code, is
	amended by adding Section 301.068 to read as follows:
	Sec. 301.068.  EFFICIENCY PILOT PROGRAM. (a)  The
	commission shall establish a pilot program to:
	(1)  improve the efficiency and quality of commission
	operations while reducing costs; and
	(2)  adopt a structured approach for identifying the
	wasteful use of state resources and improving commission processes.
	(b)  In implementing the pilot program, the commission shall
	use:
	(1)  a methodology that includes a define, measure,
	analyze, improve, and control structure for reviewing project
	management;
	(2)  a continuous improvement technique that:
	(A)  identifies value and a value stream;
	(B)  creates a flow for activities;
	(C)  allows consumers to pull products or services
	through the process; and
	(D)  allows for the process to be perfected over
	time; and
	(3)  a measurement system analysis to evaluate data.
	(c)  Not later than August 1, 2012, the commission shall
	submit a written report on the effectiveness of the pilot program to
	the:
	(1)  governor;
	(2)  lieutenant governor;
	(3)  speaker of the house of representatives;
	(4)  Senate Committee on Government Organization;
	(5)  House Government Efficiency and Reform Committee;
	and
	(6)  house and senate committees with primary
	jurisdiction over state affairs.
	(d)  The commission shall implement the pilot program from
	available funds that may be used for that purpose.
	(e)  A state agency, other than the commission, may implement
	the pilot program established under this section with respect to
	the agency. An agency that implements the pilot program shall:
	(1)  submit the written report in the time and manner
	described by Subsection (c); and
	(2)  use available resources to fund the pilot program.
	(f)  A report required by this section may be submitted
	electronically.
	(g)  This section expires September 1, 2013.
	SECTION 2.  The heading to Section 301.085, Labor Code, is
	amended to read as follows:
	Sec. 301.085.  UNEMPLOYMENT COMPENSATION AND JOB MATCHING
	SERVICES INFORMATION; OFFENSE; PENALTY.
	SECTION 3.  Section 301.085, Labor Code, is amended by
	amending Subsections (a), (c), and (d) and adding Subsection (b-1)
	to read as follows:
	(a)  In this section:
	(1)  "Job matching services information" means
	information in the records of the commission that pertains to the
	commission's job matching services provided to employers and job
	seekers through the Internet, workforce centers, or other means.
	(2)  "Unemployment[, "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-1)  The commission shall adopt and enforce reasonable
	rules governing the confidentiality, custody, use, preservation,
	and disclosure of job matching services 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 job matching
	services 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 and job matching
	services information are [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 or job matching services 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.
	SECTION 4.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 563 passed the Senate on
	March 24, 2011, by the following vote:  Yeas 31, Nays 0;
	May 25, 2011, Senate refused to concur in House amendment and
	requested appointment of Conference Committee; May 26, 2011, House
	granted request of the Senate; May 28, 2011, Senate adopted
	Conference Committee Report by the following vote:  Yeas 31,
	Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 563 passed the House, with
	amendment, on May 23, 2011, by the following vote:  Yeas 142,
	Nays 0, one present not voting; May 26, 2011, House granted request
	of the Senate for appointment of Conference Committee;
	May 28, 2011, House adopted Conference Committee Report by the
	following vote:  Yeas 148, Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor