82R1504 KCR-D
By: Martinez H.B. No. 68
A BILL TO BE ENTITLED
AN ACT
relating to notice concerning the use of criminal history
information in an employer's hiring process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Labor Code, is amended by adding Chapter
105 to read as follows:
CHAPTER 105. USE OF CRIMINAL HISTORY INFORMATION IN HIRING PROCESS
Sec. 105.001. DEFINITIONS. In this chapter:
(1) "Applicant" means a person who has made an oral or
written application with an employer, or has sent a resume or other
correspondence to an employer, indicating an interest in
employment.
(2) "Commission" means the Texas Workforce Commission
civil rights division.
(3) "Criminal history information" means information
collected about a person that consists of identifiable descriptions
and notations concerning the person's being arrested, detained by a
law enforcement agency, or indicted or otherwise formally charged
with a crime and the disposition, if any, of any arrest, detention,
or indictment or charge. The term does not include driving record
information maintained by the Department of Public Safety under
Subchapter C, Chapter 521, Transportation Code.
(4) "Employer" means a person who has one or more
employees or other individuals who perform services under a
contract of hire or service, whether express or implied, or written
or oral.
Sec. 105.002. EXPLANATION CONCERNING CRIMINAL HISTORY
INFORMATION CONCERNING APPLICANT. Not later than the 10th day
after the date an employer notifies an applicant that the employer
will not be making an offer of employment to the applicant based
wholly or partly on criminal history information concerning the
applicant, the employer shall provide the applicant a written
explanation containing:
(1) an identification of the specific arrest,
detention, indictment or charge, or disposition that influenced the
employer's decision to not make an offer of employment; and
(2) the entity from which the employer obtained the
criminal history information, including the name, mailing address,
and telephone number of the entity.
Sec. 105.003. RULES; ENFORCEMENT. (a) The commission
shall adopt rules prescribing the form of the explanation required
under Section 105.002.
(b) An applicant who does not receive the explanation
required under Section 105.002 may file a written, sworn complaint
with the commission. The commission shall review and resolve a
complaint filed under this subsection in the same manner as a
complaint concerning an unlawful employment practice filed under
Chapter 21.
SECTION 2. Chapter 105, Labor Code, as added by this Act,
applies only to a person who applies for employment or otherwise
indicates interest in employment on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2011.