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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a political subdivision to adopt or |
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enforce certain regulations regarding whether a private employer |
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may obtain or consider an employment applicant's or employee's |
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criminal history record information. |
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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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106 to read as follows: |
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CHAPTER 106. CRIMINAL HISTORY RECORD INFORMATION OF EMPLOYMENT |
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APPLICANT OR EMPLOYEE |
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Sec. 106.001. 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 a private employer, or has sent a resume or |
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other correspondence to a private employer, indicating an interest |
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in employment. |
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(2) "Criminal history record information" has the |
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meaning assigned by Section 411.082, Government Code. |
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Sec. 106.002. CERTAIN LOCAL REGULATION OF PRIVATE EMPLOYERS |
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PROHIBITED. A political subdivision of this state may not adopt or |
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enforce any ordinance or other local regulation that prohibits, |
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limits, or otherwise regulates a private employer's ability to |
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request, consider, or take employment action based on the criminal |
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history record information of an applicant or employee. |
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Sec. 106.003. NONAPPLICABILITY. This chapter does not |
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prevent a political subdivision of this state from adopting or |
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enforcing an ordinance or other local regulation relating to the |
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access to or consideration of the criminal history record |
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information of an individual: |
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(1) entering into a contract or other agreement with |
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the political subdivision; |
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(2) receiving a grant from the political subdivision; |
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(3) seeking a license, permit, or other authorization |
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to conduct business from the political subdivision; or |
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(4) conducting business with or under the regulatory |
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authority of the political subdivision. |
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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, 2017. |