By Edwards                                             H.B. No. 822
       74R3271 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.  Subtitle A, Title 2, Labor Code, is amended by
    1-6  adding Chapter 24 to read as follows:
    1-7                 CHAPTER 24.  DISCRIMINATION BASED ON
    1-8                        CRIMINAL HISTORY RECORD
    1-9        Sec. 24.001.  DEFINITIONS.  In this chapter:
   1-10              (1)  "Bona fide occupational qualification" has the
   1-11  meaning assigned by Section 21.002.
   1-12              (2)  "Employer" means a person who employs employees.
   1-13        Sec. 24.002.  PROHIBITION AGAINST DISCRIMINATION BASED ON
   1-14  CRIMINAL HISTORY RECORD.  (a)  An employer may not refuse to hire a
   1-15  person and may not discriminate against a person regarding
   1-16  compensation or other terms, conditions, or privileges of
   1-17  employment solely on the basis of the person's criminal history
   1-18  record if the person has not been convicted of a felony.
   1-19        (b)  An employer may not refuse to hire a person and may not
   1-20  discriminate against a person regarding compensation or other
   1-21  terms, conditions, or privileges of employment solely on the basis
   1-22  that the person's criminal history record indicates the person has
   1-23  been convicted of a felony if the person:
   1-24              (1)  has received a certificate of discharge by the
    2-1  pardons and paroles division of the Texas Department of Criminal
    2-2  Justice or has completed a period of probation or community
    2-3  supervision ordered by a court and at least three years have
    2-4  elapsed from the date of the receipt or the completion; or
    2-5              (2)  has been pardoned by the governor and three years
    2-6  have elapsed from the date of the pardon.
    2-7        Sec. 24.003.  CAUSE OF ACTION.  (a)  If an employer violates
    2-8  Section 24.002, the person against whom the violation occurs may
    2-9  bring an action against the employer not later than the 30th day
   2-10  after the date on which the violation occurs.  The person may
   2-11  recover from the employer:
   2-12              (1)  actual damages;
   2-13              (2)  exemplary damages;
   2-14              (3)  costs of court; and
   2-15              (4)  reasonable attorney's fees.
   2-16        (b)  In addition to any amount recovered under Subsection
   2-17  (a), the person is entitled to:
   2-18              (1)  reinstatement in the person's former position or
   2-19  an equivalent position, or placement in the position for which the
   2-20  person applied or an equivalent position, as appropriate;
   2-21              (2)  compensation for any wages lost during the period
   2-22  the person was entitled to employment; and
   2-23              (3)  reinstatement of any fringe benefits, seniority
   2-24  rights, or any other privilege of employment lost as a result of
   2-25  the discrimination.
   2-26        Sec. 24.004.  AFFIRMATIVE DEFENSE.  It is an affirmative
   2-27  defense to an action brought under Section 24.003 that an
    3-1  employer's decision was based on a bona fide occupational
    3-2  qualification.
    3-3        SECTION 2.  This Act takes effect September 1, 1995.
    3-4        SECTION 3.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.