By: Edwards H.B. No. 2311
73R5158 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of employment discrimination against a
1-3 person based on the person's criminal history record.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Bona fide occupational qualification" means a
1-7 qualification:
1-8 (A) that is reasonably related to the
1-9 satisfactory performance of the duties of a job; and
1-10 (B) for which there is a factual basis for
1-11 believing that no person of the excluded group would be able to
1-12 perform satisfactorily the duties of the job with safety or
1-13 efficiency.
1-14 (2) "Employer" means a person who employs employees.
1-15 (3) "Person" has the meaning assigned by Section
1-16 311.005, Government Code.
1-17 SECTION 2. PROHIBITION AGAINST DISCRIMINATION BASED ON A
1-18 CRIMINAL HISTORY RECORD. (a) An employer may not refuse to hire a
1-19 person and may not discriminate against a person regarding
1-20 compensation or other terms, conditions, or privileges of
1-21 employment solely on the basis of the person's criminal history
1-22 record if the person has not been convicted of a felony.
1-23 (b) An employer may not refuse to hire a person and may not
1-24 discriminate against a person regarding compensation or other
2-1 terms, conditions, or privileges of employment solely on the basis
2-2 that the person's criminal history record indicates the person has
2-3 been convicted of a felony if the person:
2-4 (1) has received a certificate of discharge by the
2-5 pardons and paroles division of the Texas Department of Criminal
2-6 Justice or has completed a period of probation ordered by a court
2-7 and at least three years have elapsed from the date of the receipt
2-8 or the completion; or
2-9 (2) has been pardoned by the governor and three years
2-10 have elapsed from the date of the pardon.
2-11 SECTION 3. CAUSE OF ACTION. (a) If an employer violates
2-12 Section 2 of this Act, the person against whom the violation occurs
2-13 may bring an action against the employer not later than the 30th
2-14 day after the day on which the violation occurs. The person may
2-15 recover from the employer:
2-16 (1) actual damages;
2-17 (2) exemplary damages;
2-18 (3) costs of court; and
2-19 (4) reasonable attorney's fees.
2-20 (b) In addition to any amount recovered under Subsection (a)
2-21 of this section, the person is entitled to:
2-22 (1) reinstatement in the person's former position or
2-23 an equivalent position, or placement in the position for which the
2-24 person applied or an equivalent position, as appropriate;
2-25 (2) compensation for any wages lost during the period
2-26 the person was entitled to employment; and
2-27 (3) reinstatement of any fringe benefits, seniority
3-1 rights, or any other privilege of employment lost as a result of
3-2 the discrimination.
3-3 SECTION 4. AFFIRMATIVE DEFENSE. It is an affirmative
3-4 defense to an action brought under Section 3 of this Act that an
3-5 employer's decision was based on a bona fide occupational
3-6 qualification.
3-7 SECTION 5. EFFECTIVE DATE. This Act takes effect September
3-8 1, 1993.
3-9 SECTION 6. EMERGENCY. The importance of this legislation
3-10 and the crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.