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A BILL TO BE ENTITLED
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AN ACT
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relating to consideration of criminal history of applicants for |
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public employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 620 to read as follows: |
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CHAPTER 620. CONSIDERATION OF CRIMINAL HISTORY OF APPLICANTS FOR |
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PUBLIC EMPLOYMENT |
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Sec. 620.001. DEFINITION. In this chapter, "public |
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employer" means: |
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(1) a board, a commission, an office, a department, or |
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another agency in the executive, judicial, or legislative branch of |
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state government, including an institution of higher education, as |
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that term is defined by Section 61.003, Education Code; or |
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(2) a political subdivision of this state. |
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Sec. 620.002. NONAPPLICABILITY. This chapter does not |
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apply to: |
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(1) an independent school district; or |
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(2) any position with a law enforcement agency for |
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which a license is required under Chapter 1701, Occupations Code. |
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Sec. 620.003. CRIMINAL HISTORY OF APPLICANTS FOR PUBLIC |
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EMPLOYMENT. (a) Except as provided by Subsection (b), before |
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making a conditional offer of employment to an applicant, a public |
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employer may not: |
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(1) obtain criminal history record information |
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relating to the applicant; or |
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(2) ask the applicant to disclose orally or in writing |
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information regarding the applicant's criminal history, if any. |
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(b) Before making a conditional offer of employment, a |
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public employer may: |
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(1) notify the applicant for a position that certain |
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criminal convictions disqualify the applicant from consideration |
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for the position under law or the employer's written policy; or |
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(2) include a question on an initial employment |
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application form regarding whether an applicant has been convicted |
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of a criminal offense that would disqualify the applicant from |
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employment under law if the question is limited to offenses that |
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result in disqualification. |
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(c) This section does not prohibit a public employer from |
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obtaining criminal history record information after the public |
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employer has made a conditional offer of employment to an |
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applicant. |
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SECTION 2. The changes in law made by this Act apply only to |
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an employment application submitted on or after the effective date |
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of this Act. An employment application submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |