| |
| |
|
|
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. |