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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of an automated employment decision tool by an |
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employer to assess a job applicant's fitness for a position. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Labor Code, is amended by adding |
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Subtitle F to read as follows: |
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SUBTITLE F. PROVISIONS REGARDING JOB APPLICANT SCREENING |
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CHAPTER 95. USE OF AUTOMATED EMPLOYMENT DECISION TOOL |
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Sec. 95.001. DEFINITIONS. In this chapter: |
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(1) "Algorithm" means a computerized procedure |
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consisting of a set of steps used to accomplish a determined task. |
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(2) "Applicant" means a person applying for a job |
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offered by an employer. |
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(3) "Artificial intelligence system" means a system of |
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machine learning and related technologies that use data to train |
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statistical models for the purpose of enabling computer systems to |
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perform tasks normally associated with human intelligence or |
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perception, such as computer vision, speech or natural language |
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processing, and content generation. |
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(4) "Automated employment decision tool" means a |
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computational process or software application that uses |
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algorithms, machine learning, statistical modeling, data |
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analytics, or an artificial intelligence system to assess an |
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applicant's fitness for a position. |
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(5) "Commission" means the Texas Workforce |
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Commission. |
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(6) "Employer" has the meaning assigned by Section |
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61.001. |
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Sec. 95.002. BIAS AUDIT REQUIRED. An employer may not use an |
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automated employment decision tool in regard to an applicant |
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unless: |
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(1) a bias audit of the automated employment decision |
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tool has been conducted by an impartial, independent auditor at the |
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employer's request to determine whether the data incorporated into |
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the automated employment decision tool may have the effect of |
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causing discrimination prohibited under Chapter 21 or federal |
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antidiscrimination laws; and |
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(2) the employer has posted on the employer's publicly |
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accessible Internet website the results of the bias audit conducted |
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under Subdivision (1). |
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Sec. 95.003. DISCLOSURE REQUIRED. An employer may not use |
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an automated employment decision tool in regard to an applicant |
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unless the employer: |
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(1) notifies the applicant that an automated |
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employment decision tool may be used to assess the applicant's |
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fitness for the position; and |
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(2) provides the applicant with information |
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describing how the automated employment decision tool will be used |
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to assess the applicant's fitness for the position, including what |
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characteristics may be evaluated for that purpose. |
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Sec. 95.004. RULES. The commission shall adopt rules for |
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the administration of this chapter. |
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SECTION 2. This Act takes effect September 1, 2025. |