83R672 KJM-D
	By: Giddings	H.B. No. 318

	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.