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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 a |
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state agency 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. Chapter 656, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. PROVISIONS REGARDING JOB APPLICANT SCREENING; USE OF |
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AUTOMATED EMPLOYMENT DECISION TOOL |
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Sec. 656.201. DEFINITIONS. In this subchapter: |
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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 a state agency. |
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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) "State agency" has the meaning assigned by Section |
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656.021. |
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Sec. 656.202. USE OF AUTOMATED EMPLOYMENT DECISION TOOL. A |
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state agency may not use or deploy an automated employment decision |
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tool in violation of this subchapter. |
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Sec. 656.203. DISCLOSURE REQUIRED. A state agency may not |
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use an automated employment decision tool in regard to an applicant |
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unless the state agency: |
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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. 656.204. DISCRIMINATION PROHIBITED. A state agency |
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shall take measures to mitigate biases in any automated employment |
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decision tool used or deployed by the state agency to ensure the |
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tool does not discriminate on the basis of a state or federal |
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protected class in violation of law. |
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SECTION 2. This Act takes effect September 1, 2025. |