84R4179 AAF-D
 
  By: Johnson H.B. No. 548
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consideration of criminal history record
  information regarding applicants for public employment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 656, Government Code, is
  amended by adding Section 656.002 to read as follows:
         Sec. 656.002.  CONSIDERATION OF CRIMINAL HISTORY RECORD
  INFORMATION. (a)  In this section:
               (1)  "Applicant" means a person who has made an oral or
  written application with an employer, or has sent a resume or other
  correspondence to an employer, indicating an interest in
  employment.
               (2)  "Criminal history record information" has the
  meaning assigned by Section 411.082.
               (3)  "State agency" means an agency in any branch of
  state government.
         (b)  A state agency may not include a question regarding an
  applicant's criminal history record information on an initial
  employment application form.
         (c)  A state agency may inquire into or consider an
  applicant's criminal history record information after the agency
  has determined that the applicant is otherwise qualified and has
  conditionally offered the applicant employment or has invited the
  applicant to an interview.
         (d)  This section does not apply to an applicant for a
  position:
               (1)  that involves the provision of services to or care
  of children;
               (2)  that requires direct interaction with children; or
               (3)  for which consideration of criminal history record
  information is otherwise required by law.
         SECTION 2.  Chapter 180, Local Government Code, is amended
  by adding Section 180.008 to read as follows:
         Sec. 180.008.  CONSIDERATION OF EMPLOYMENT APPLICANT'S
  CRIMINAL HISTORY RECORD INFORMATION. (a) In this section:
               (1)  "Applicant" means a person who has made an oral or
  written application with an employer, or has sent a resume or other
  correspondence to an employer, indicating an interest in
  employment.
               (2)  "Criminal history record information" has the
  meaning assigned by Section 411.082, Government Code.
               (3)  "Local government" means a county, municipality,
  or other political subdivision of this state.
         (b)  A local government may not include a question regarding
  an applicant's criminal history record information on an initial
  employment application form.
         (c)  A local government may inquire into or consider an
  applicant's criminal history record information after the local
  government has determined that the applicant is otherwise qualified
  and has conditionally offered the applicant employment or has
  invited the applicant to an interview.
         (d)  This section does not apply to an applicant for a
  position:
               (1)  that involves the provision of services to or care
  of children;
               (2)  that requires direct interaction with children; or
               (3)  for which consideration of criminal history record
  information is otherwise required by law.
         SECTION 3.  This Act takes effect September 1, 2015.