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.