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A BILL TO BE ENTITLED
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AN ACT
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relating to notice concerning the use of criminal history |
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information in an employer's hiring process. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 3, Labor Code, is amended by adding Chapter |
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105 to read as follows: |
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CHAPTER 105. USE OF CRIMINAL HISTORY INFORMATION IN HIRING PROCESS |
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Sec. 105.001. DEFINITIONS. In this chapter: |
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(1) "Applicant" means a person who has made an oral or |
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written application with an employer, or has sent a resume or other |
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correspondence to an employer, indicating an interest in |
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employment. |
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(2) "Commission" means the Texas Workforce Commission |
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civil rights division. |
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(3) "Criminal history information" means information |
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collected about a person that consists of identifiable descriptions |
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and notations concerning the person's being arrested, detained by a |
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law enforcement agency, or indicted or otherwise formally charged |
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with a crime and the disposition, if any, of any arrest, detention, |
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or indictment or charge. The term does not include driving record |
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information maintained by the Department of Public Safety under |
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Subchapter C, Chapter 521, Transportation Code. |
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(4) "Employer" means a person who has one or more |
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employees or other individuals who perform services under a |
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contract of hire or service, whether express or implied, or written |
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or oral. |
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Sec. 105.002. EXPLANATION CONCERNING CRIMINAL HISTORY |
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INFORMATION CONCERNING APPLICANT. Not later than the 10th day |
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after the date an employer notifies an applicant that the employer |
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will not be making an offer of employment to the applicant based |
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wholly or partly on criminal history information concerning the |
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applicant, the employer shall provide the applicant a written |
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explanation containing: |
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(1) an identification of the specific arrest, |
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detention, indictment or charge, or disposition that influenced the |
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employer's decision to not make an offer of employment; and |
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(2) the entity from which the employer obtained the |
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criminal history information, including the name, mailing address, |
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and telephone number of the entity. |
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Sec. 105.003. RULES; ENFORCEMENT. (a) The commission |
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shall adopt rules prescribing the form of the explanation required |
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under Section 105.002. |
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(b) An applicant who does not receive the explanation |
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required under Section 105.002 may file a written, sworn complaint |
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with the commission. The commission shall review and resolve a |
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complaint filed under this subsection in the same manner as a |
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complaint concerning an unlawful employment practice filed under |
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Chapter 21. |
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SECTION 2. Chapter 105, Labor Code, as added by this Act, |
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applies only to a person who applies for employment or otherwise |
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indicates interest in employment on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |