89R16156 LRM-D
 
  By: Menéndez S.B. No. 2473
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of an automated employment decision tool by a
  state agency to assess a job applicant's fitness for a position.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 656, Government Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E. PROVISIONS REGARDING JOB APPLICANT SCREENING; USE OF
  AUTOMATED EMPLOYMENT DECISION TOOL
         Sec. 656.201.  DEFINITIONS. In this subchapter:
               (1)  "Algorithm" means a computerized procedure
  consisting of a set of steps used to accomplish a determined task.
               (2)  "Applicant" means a person applying for a job
  offered by a state agency.
               (3)  "Artificial intelligence system" means a system of
  machine learning and related technologies that use data to train
  statistical models for the purpose of enabling computer systems to
  perform tasks normally associated with human intelligence or
  perception, such as computer vision, speech or natural language
  processing, and content generation.
               (4)  "Automated employment decision tool" means a
  computational process or software application that uses
  algorithms, machine learning, statistical modeling, data
  analytics, or an artificial intelligence system to assess an
  applicant's fitness for a position.
               (5)  "State agency" has the meaning assigned by Section
  656.021.
         Sec. 656.202.  USE OF AUTOMATED EMPLOYMENT DECISION TOOL. A
  state agency may not use or deploy an automated employment decision
  tool in violation of this subchapter.
         Sec. 656.203.  DISCLOSURE REQUIRED. A state agency may not
  use an automated employment decision tool in regard to an applicant
  unless the state agency:
               (1)  notifies the applicant that an automated
  employment decision tool may be used to assess the applicant's
  fitness for the position; and
               (2)  provides the applicant with information
  describing how the automated employment decision tool will be used
  to assess the applicant's fitness for the position, including what
  characteristics may be evaluated for that purpose.
         Sec. 656.204.  DISCRIMINATION PROHIBITED. A state agency
  shall take measures to mitigate biases in any automated employment
  decision tool used or deployed by the state agency to ensure the
  tool does not discriminate on the basis of a state or federal
  protected class in violation of law.
         SECTION 2.  This Act takes effect September 1, 2025.