84R12950 AAF-D
By: Johnson, Elkins H.B. No. 548
Substitute the following for H.B. No. 548:
By: Elkins C.S.H.B. No. 548
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of criminal history record
information regarding applicants for state 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) 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.
(c) A state agency may not include a question regarding an
applicant's criminal history record information on an initial
employment application form.
(d) 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.
SECTION 2. This Act takes effect September 1, 2015.