83R333 KJM-D
	By: Dukes	H.B. No. 451

	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.