Texas Senate Bill SB2046

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/20/09
• Voted on by Senate: 4/28/09
• Out of House Committee: 5/22/09

Caption

Relating to requiring criminal history background checks for employees of public institutions of higher education.

Impact

The enactment of SB2046 will significantly alter hiring practices within Texas's public higher education institutions. Employers will be required to implement strict protocols for screening potential employees, which aims to enhance campus safety and integrity. The bill also establishes that employment can be rejected based on a lack of consent for checks or evidence of serious criminal history, potentially preventing individuals with certain past convictions from being considered for employment.

Summary

SB2046 mandates the requirement for criminal history background checks for employees at public institutions of higher education in Texas. The bill provides a framework for institutions to conduct both pre-employment and post-employment background checks. Specifically, it stipulates that institutions must condition their employment offers on receiving satisfactory criminal history information and gives detailed guidelines on evaluating applicants who may have a history of criminal convictions, especially felonies or sex offenses.

Contention

While the intent behind SB2046 is to improve safety on campus, concerns have been raised about the potential for discrimination against applicants with a criminal record. The bill requires institutions to analyze criminal history details, including the nature of the offense and the time elapsed since the conviction, but some advocates fear this might disproportionately impact marginalized groups. Additionally, provisions that allow institutions to take immediate action against employees who fail to report new arrests or convictions have raised questions regarding fairness and due process.