87R483 JSC-D
 
  By: Deshotel H.B. No. 455
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to inquiries about and the consideration of criminal
  history record information regarding applicants for employment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 52, Labor Code, is amended by adding
  Subchapter H to read as follows:
  SUBCHAPTER H. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION
  IN HIRING PROCESS
         Sec. 52.081.  DEFINITIONS. In this subchapter:
               (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)  "Employer" has the meaning assigned by Section
  21.002.
         Sec. 52.082.  EMPLOYER INQUIRIES INTO AND CONSIDERATION OF
  CRIMINAL HISTORY RECORD INFORMATION. (a) An employer may not
  include a question regarding an applicant's criminal history record
  information on an initial employment application form.
         (b)  An employer may inquire into or consider an applicant's
  criminal history record information after the employer has
  determined that the applicant is otherwise qualified and has
  conditionally offered the applicant employment or has invited the
  applicant to an interview.
         Sec. 52.083.  NONAPPLICABILITY. This subchapter does not
  apply to an applicant for a position for which consideration of
  criminal history record information is required by law.
         SECTION 2.  This Act takes effect September 1, 2021.