Texas 2023 - 88th Regular

Texas House Bill HB3246

Filed
3/2/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to inquiries about and the consideration of criminal history record information regarding applicants for employment.

Impact

The implementation of HB 3246 will have significant implications for state employment laws and hiring practices. By restricting inquiries into criminal histories in the early stages of the hiring process, the bill promotes the principle of second chances, enabling applicants to be assessed more based on their qualifications and skills rather than their past convictions. The legislation aligns with broader national trends focused on reforming criminal justice and improving employment outcomes for formerly incarcerated individuals, effectively aiming to reduce discrimination in hiring.

Summary

House Bill 3246 aims to regulate the use of criminal history record information in the employment application process in Texas. The bill seeks to prevent employers from inquiring about an applicant's criminal history during the initial application phase. Instead, an employer can only consider this information after determining that the applicant is otherwise qualified and has made a conditional job offer or been invited for an interview. This change is intended to create a fairer hiring process by allowing individuals with criminal histories better opportunities to gain employment without being immediately disqualified based on their past.

Sentiment

The general sentiment surrounding HB 3246 appears to be positive, especially among advocacy groups and proponents of criminal justice reform. Supporters argue that the bill fosters fairness and inclusivity in the job market, combating the stigma associated with criminal records. However, there are potential concerns from some employers who fear that limiting access to this information could hinder their ability to make fully informed hiring decisions, particularly in sensitive roles that require a high degree of trust and responsibility.

Contention

Notable points of contention include the balance between an employer's right to vet candidates thoroughly and the need to provide equitable opportunities for individuals with criminal backgrounds. Critics of the bill may voice concerns about safety and security when hiring for positions where criminal history could be a concern, indicating the need for clarity on what constitutes a 'qualified' applicant. The discussion around HB 3246 reflects broader societal debates on fairness, rehabilitation, and the role of criminal records in employment.

Texas Constitutional Statutes Affected

Labor Code

  • Chapter 52. Miscellaneous Restrictions
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.