HB 318

83(R) - 2013
Business, Industry, & Commerce

Vote Recommendation

  • Negative
  • Neutral
  • Neutral
  • Negative
  • Neutral


Helen Giddings

Bill Caption

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.

Fiscal Notes

No significant fiscal implication to the State is anticipated. No fiscal implication to units of local government is anticipated.

Bill Analysis

Summary: HB 318 creates an unlawful employment practice by making it illegal for employers to access or request employees' or applicants' private electronic information. The only reason an employer can access the employees' information is if there is a reasonable belief that the employee has violated their employee-employer agreement. Financial service employers are exempt from this legislation. HB 318 does, however, permit employers to access the information if it is located on an employer-owned electronic device or is in the public domain. 

Analysis: HB 318 expands the scope of government by regulating the relationship between employees and employers. Employees can determine prior to employment whether or not they want to work for an entity who requires or may request personal electronic information. This legislation creates an overreach of government by allowing the state to intervene in free-market interaction between employers and employees and establish regulations that are unnecessary when individuals can make decisions regarding what policies they will or will not adhere to prior to employment. We oppose HB 318.