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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of criminal history record |
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information regarding applicants for employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 52, Labor Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION |
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IN HIRING PROCESS |
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Sec. 52.081. DEFINITIONS. In this subchapter: |
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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) "Criminal history record information" has the |
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meaning assigned by Section 411.082, Government Code. |
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(3) "Employer" has the meaning assigned by Section |
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21.002. |
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Sec. 52.082. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF |
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CRIMINAL HISTORY RECORD INFORMATION. (a) An employer may not |
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include a question regarding an applicant's criminal history record |
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information on an initial employment application form. |
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(b) An employer may inquire into or consider an applicant's |
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criminal history record information after the employer has |
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determined that the applicant is otherwise qualified and has |
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conditionally offered the applicant employment or has invited the |
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applicant to an interview. |
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(c) In making an employment decision, an employer may not |
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consider any criminal history record information regarding an |
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offense that occurred or was alleged to have occurred more than |
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seven years before the date of the employment decision. |
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Sec. 52.083. NONAPPLICABILITY. This subchapter does not |
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apply to an applicant for a position for which consideration of |
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criminal history record information is required by law. |
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SECTION 2. This Act takes effect September 1, 2019. |