By: Creighton  S.B. No. 2488
         (In the Senate - Filed March 27, 2019; March 27, 2019, read
  first time and referred to Committee on State Affairs;
  April 8, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 8, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2488 By:  Creighton
 
 
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, consider, or take employment action based on 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" has the
  meaning assigned by Section 411.082, Government Code.
               (3)  "Employee" means an individual who is employed by
  an employer for compensation.
               (4)  "Employer" means a person who employs one or more
  employees.
         Sec. 106.002.  CONSIDERATION OF CRIMINAL HISTORY RECORD
  INFORMATION OF EMPLOYMENT APPLICANT OR EMPLOYEE. A political
  subdivision of this state may not adopt or enforce any ordinance,
  order, rule, regulation, or policy that prohibits, limits, or
  otherwise regulates a private employer's ability to request,
  consider, or take employment action based on the criminal history
  record information of an applicant or employee.
         SECTION 2.  Chapter 106, Labor Code, as added by this Act,
  applies to an ordinance, order, rule, regulation, or policy adopted
  before, on, or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2019.
 
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