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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment by state and local governmental entities |
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of individuals who have been convicted of crimes. |
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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 619 to read as follows: |
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CHAPTER 619. GENERAL PROVISIONS APPLICABLE TO STATE |
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AND LOCAL EMPLOYEES |
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Sec. 619.001. CRIMINAL CONVICTION AS A BAR TO EMPLOYMENT. |
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(a) In this chapter: |
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(1) "Convicted" means an adjudication of guilt or an |
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order of deferred adjudication entered against a person by a court |
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regardless of whether the imposition of the sentence is |
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subsequently probated and the person is discharged from community |
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supervision. The term does not include an adjudication of guilt or |
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an order of deferred adjudication that has been subsequently: |
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(A) expunged; or |
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(B) pardoned under the authority of a state or |
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federal official. |
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(2) "Local governmental entity" means a political |
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subdivision of the state, including a: |
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(A) county; |
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(B) municipality; |
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(C) public school district; or |
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(D) special-purpose district or authority. |
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(3) "State governmental entity" means: |
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(A) a board, commission, department, office, |
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authority, or other agency in the executive branch of state |
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government, created under the constitution or a statute of the |
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state, including an institution of higher education, as defined by |
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Section 61.003, Education Code; |
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(B) the legislature or a legislative agency; or |
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(C) the Texas Supreme Court, the Texas Court of |
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Criminal Appeals, a court of appeals, a state judicial agency, or |
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the State Bar of Texas. |
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(b) An employee of a state or local governmental entity who |
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is convicted of an offense, any element of which arises from the |
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employee's actions that occur during the course of the employee's |
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employment with the state or local governmental entity is: |
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(1) immediately terminated from the individual's |
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employment; and |
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(2) ineligible for reemployment with a state |
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governmental entity or a local governmental entity. |
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(c) A state or local governmental entity may not employ a |
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person if the state or local governmental entity determines, as a |
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result of a criminal history background check, that the person has |
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been convicted of an offense that bars employment under this |
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chapter. |
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(d) To the extent of any conflict or inconsistency between |
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this section and any other law relating to eligibility for |
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employment based on the conviction of a specific offense, the other |
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law controls. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |