85R13631 JSC-F
 
  By: Workman, Shine, Dale, Isaac, Villalba, H.B. No. 577
      et al.
 
  Substitute the following for H.B. No. 577:
 
  By:  Oliveira C.S.H.B. No. 577
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a political subdivision to adopt or
  enforce certain regulations regarding whether a private employer
  may obtain or consider an employment applicant's or employee's
  criminal history record information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 3, Labor Code, is amended by adding Chapter
  106 to read as follows:
  CHAPTER 106. CRIMINAL HISTORY RECORD INFORMATION OF EMPLOYMENT
  APPLICANT OR EMPLOYEE
         Sec. 106.001.  DEFINITIONS. In this chapter:
               (1)  "Applicant" means a person who has made an oral or
  written application with a private employer, or has sent a resume or
  other correspondence to a private employer, indicating an interest
  in employment.
               (2)  "Criminal history record information" means
  information collected by a criminal justice agency about a person's
  arrests, detentions, and criminal charges and the dispositions of
  those criminal charges.
         Sec. 106.002.  CERTAIN LOCAL REGULATION OF PRIVATE EMPLOYERS
  PROHIBITED. A political subdivision of this state may not adopt or
  enforce any ordinance or other local regulation that prohibits,
  limits, delays, or otherwise regulates a private employer's ability
  to inquire about, request, consider, or take employment action
  based on the criminal history record information of an applicant or
  employee or criminal history provided by an applicant or employee.
         Sec. 106.003.  NONAPPLICABILITY. This chapter does not
  prevent a political subdivision of this state from adopting or
  enforcing an ordinance or other local regulation relating to the
  access to or consideration of the criminal history record
  information of an individual or criminal history provided by an
  individual:
               (1)  entering into a contract or other agreement with
  the political subdivision as it relates to hiring within the scope
  of performance of duties under that contract or agreement; or
               (2)  receiving a grant from the political subdivision
  as it relates to hiring within the scope of performance of duties
  under that grant.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.