2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter F. Records › Section 301.085. Unemployment Compensation and Job Matching Services Information; Offense; Penalty

Sec. 301.085.  UNEMPLOYMENT COMPENSATION AND JOB MATCHING SERVICES INFORMATION; OFFENSE; PENALTY.  (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 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)  Consistent with federal law, the commission shall adopt and enforce reasonable rules governing the confidentiality, custody, use, preservation, and disclosure of unemployment compensation 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 unemployment compensation 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.
(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 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.
(e)  An offense under Subsection (d) is a Class A misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 1052 (H.B. 2120), Sec. 4, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1333 (S.B. 1619), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1225 (S.B. 563), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1225 (S.B. 563), Sec. 3, eff. September 1, 2011.