84R4179 AAF-D
By: Johnson H.B. No. 548
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of criminal history record
information regarding applicants for public employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 656, Government Code, is
amended by adding Section 656.002 to read as follows:
Sec. 656.002. CONSIDERATION OF CRIMINAL HISTORY RECORD
INFORMATION. (a) In this section:
(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) "Criminal history record information" has the
meaning assigned by Section 411.082.
(3) "State agency" means an agency in any branch of
state government.
(b) A state agency may not include a question regarding an
applicant's criminal history record information on an initial
employment application form.
(c) A state agency may inquire into or consider an
applicant's criminal history record information after the agency
has determined that the applicant is otherwise qualified and has
conditionally offered the applicant employment or has invited the
applicant to an interview.
(d) This section does not apply to an applicant for a
position:
(1) that involves the provision of services to or care
of children;
(2) that requires direct interaction with children; or
(3) for which consideration of criminal history record
information is otherwise required by law.
SECTION 2. Chapter 180, Local Government Code, is amended
by adding Section 180.008 to read as follows:
Sec. 180.008. CONSIDERATION OF EMPLOYMENT APPLICANT'S
CRIMINAL HISTORY RECORD INFORMATION. (a) In this section:
(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) "Criminal history record information" has the
meaning assigned by Section 411.082, Government Code.
(3) "Local government" means a county, municipality,
or other political subdivision of this state.
(b) A local government may not include a question regarding
an applicant's criminal history record information on an initial
employment application form.
(c) A local government may inquire into or consider an
applicant's criminal history record information after the local
government has determined that the applicant is otherwise qualified
and has conditionally offered the applicant employment or has
invited the applicant to an interview.
(d) This section does not apply to an applicant for a
position:
(1) that involves the provision of services to or care
of children;
(2) that requires direct interaction with children; or
(3) for which consideration of criminal history record
information is otherwise required by law.
SECTION 3. This Act takes effect September 1, 2015.