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A BILL TO BE ENTITLED
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AN ACT
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relating to considering criminal history in employment decisions; |
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providing an administrative penalty. |
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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 CONSIDERATION IN |
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EMPLOYMENT DECISIONS |
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Sec. 106.001. DEFINITIONS. In this chapter: |
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(1) "Adverse action" means a refusal to hire, a |
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refusal to promote, or the revocation of an offer of employment or |
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promotion. |
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(2) "Application" means a written or oral expression |
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of interest in an employment position by an individual made in |
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compliance with the employer's established criteria for receiving |
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expressions of interest. |
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(3) "Commission" means the Texas Workforce |
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Commission. |
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(4) "Conditional employment offer" means an oral or |
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written offer by an employer to employ an individual in an |
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employment position, or a classification or referral by an |
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employment agency or labor union, that may be conditioned on: |
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(A) the employer's evaluation of the individual's |
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criminal history; or |
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(B) any preemployment medical examination |
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authorized under the Americans with Disabilities Act (42 U.S.C. |
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Section 12101 et seq.). |
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(5) "Criminal history" means information collected |
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about an individual by a criminal justice agency that consists of |
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identifiable descriptions and notations of arrests, detentions, |
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indictments, informations, and other formal criminal charges and |
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their disposition. The term does not include a record pertaining to |
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a misdemeanor punishable by fine only. |
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(6) "Employer" means a person who employs at least 15 |
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individuals in this state for each working day in at least 20 or |
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more calendar weeks in the current or preceding calendar year. The |
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term does not include a governmental body as defined by Section |
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552.003, Government Code. |
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(7) "Employment" means to work for an employer for pay |
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and includes full-time work, part-time work, temporary or seasonal |
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work, contract work, casual or contingent work, work through the |
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services of a temporary or other employment agency, and |
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participation in a vocational, apprenticeship, or educational |
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training program. |
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(8) "Employment agency" and "labor organization" have |
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the meanings assigned by Section 21.002. |
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Sec. 106.002. APPLICABILITY. This chapter does not apply |
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to an employment position for which an individual may be |
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disqualified based on the individual's criminal history under a |
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federal, state, or local law or in compliance with a legally |
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mandated insurance or bond requirement. |
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Sec. 106.003. INDIVIDUAL ASSESSMENT. An employer may |
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evaluate an individual's suitability for an employment position by |
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performing an assessment of the individual's criminal history. The |
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assessment performed under this section must include an evaluation |
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of the: |
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(1) nature and gravity of any offense in the |
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individual's criminal history; |
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(2) length of time that has elapsed since the date: |
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(A) the offense was committed; and |
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(B) the individual fully discharged the |
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individual's sentence; and |
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(3) nature and duties of the employment position for |
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which the individual has applied. |
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Sec. 106.004. FAIR CHANCE HIRING PRACTICES. (a) An |
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employer may not publish or cause to be published information about |
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an employment position that states or implies that an individual's |
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criminal history automatically disqualifies the individual from |
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consideration for the position. |
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(b) An employer may not solicit or otherwise inquire about |
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the criminal history of an individual in an application for an |
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employment position. |
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(c) An employer may not solicit criminal history record |
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information about an individual or consider an individual's |
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criminal history unless the employer has first made a conditional |
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employment offer to the individual. An employer may explain to an |
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applicant, in writing, the assessment system under Section 106.003 |
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that the employer uses to consider criminal history. |
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(d) An employer may not refuse to make a conditional |
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employment offer to an individual solely because the individual did |
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not provide criminal history record information before an offer was |
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made. |
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(e) An employer may not take an adverse action against an |
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individual because of the individual's criminal history unless the |
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employer has determined that the individual is unsuitable for the |
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employment position based on an assessment conducted by the |
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employer under Section 106.003. |
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(f) An employer who takes an adverse action against an |
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individual based on the individual's criminal history shall inform |
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the individual in writing that the adverse action was based on the |
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individual's criminal history. |
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Sec. 106.005. EMPLOYMENT AGENCIES AND LABOR ORGANIZATIONS. |
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An employment agency or labor organization may solicit criminal |
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history record information about an individual and make an |
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assessment of an individual's criminal history only after the |
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employment agency or labor organization has identified an |
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employment position for which the employment agency or labor |
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organization intends to classify or refer the individual. |
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Sec. 106.006. COMMISSION DUTIES. (a) The commission |
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shall: |
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(1) administer this chapter; and |
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(2) adopt rules as necessary to implement this |
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chapter. |
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(b) The commission may require reports, conduct |
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investigations, and take other action the commission considers |
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necessary to implement this chapter. |
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Sec. 106.007. ADMINISTRATIVE PENALTY. (a) The commission |
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may assess an administrative penalty against an employer in an |
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amount not to exceed $500 for each employment position posting or |
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adverse action that violates this chapter. |
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(b) On an employer's first violation, the commission may |
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issue a warning notice to the employer in lieu of assessing the |
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administrative penalty and provide training materials to the |
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employer about compliance with this chapter. |
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SECTION 2. (a) In this section, "adverse action" and |
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"employer" have the meanings assigned by Section 106.001, Labor |
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Code, as added by this Act. |
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(b) The changes in law made by this Act apply only to an |
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adverse action taken by an employer on or after the effective date |
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of this Act. An adverse action taken before that date is governed |
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by the law in effect on the date the action was taken, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |