BILL ANALYSIS

C.S.H.B. 1215

By: Cook

State Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Access to work is critical to people with a criminal record in achieving success after completing their sentence. Formerly incarcerated individuals are often screened from job interviews based solely on a criminal record and are never given the opportunity to present their strengths and qualifications for employment. Over 35 states, including Arizona, Nebraska, North Dakota, Ohio, Oklahoma, and Utah, have adopted fair chance hiring policies for public employers. Additionally, fair chance hiring policies were signed into law for federal employment in 2019. C.S.H.B. 1215 seeks to increase opportunities for employment for Texans who have a criminal record by requiring public sector employers to delay inquiry into an applicant's criminal history information until after a conditional offer of employment has been made. This bill would not apply to public school districts and law enforcement agencies and would not prevent a public employer from notifying an applicant of laws that would disqualify individuals with certain criminal histories from employment and does not impact how criminal history information is considered in final hiring decisions.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1215 amends the Government Code to prohibit a public employer from taking either of the following actions before making a conditional offer of employment to an applicant:

· obtaining the applicant's criminal history record information; or

· asking the applicant to disclose information regarding their criminal history, if any, orally or in writing.

However, the bill authorizes a public employer, before making a conditional offer, to notify an applicant that certain criminal convictions disqualify the applicant from consideration for the position under law or the employer's written policy and to include a question on an initial employment application form regarding whether an applicant has been convicted of an offense that is disqualifying under the law if the question is limited only to offenses that result in disqualification. The bill expressly does not prohibit a public employer from obtaining criminal history record information after the employer has made a conditional employment offer.

C.S.H.B. 1215 applies to agencies in the executive, judicial, or legislative branch of state government, including public institutions of higher education, and to political subdivisions other than independent school districts. The bill excepts from its provisions any position with a law enforcement agency for which a law enforcement officer license is required. The bill's provisions apply only to an employment application submitted on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1215 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes language absent from the introduced clarifying that the employment offers to which the bill's provisions apply are conditional offers.