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.