Texas 2017 - 85th Regular

Texas House Bill HB317 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R18580 KKR-F
2	2	By: Canales, Collier H.B. No. 317
3	3	Substitute the following for H.B. No. 317:
4	4	By: Villalba C.S.H.B. No. 317
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the consideration by employers of the consumer credit
10	10	reports of employees and applicants for employment.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 52, Labor Code, is amended by adding
13	13	Subchapter H to read as follows:
14	14	SUBCHAPTER H. CONSIDERATION OF CREDIT REPORT BY EMPLOYER
15	15	Sec. 52.081. DEFINITIONS. In this subchapter:
16	16	(1) "Adverse employment action" means the denial of
17	17	employment or a decision regarding the conditions of employment
18	18	that adversely affects an employee or applicant.
19	19	(2) "Applicant" means a person who has made an oral or
20	20	written application with an employer, or has sent a resume or other
21	21	correspondence to an employer, indicating an interest in
22	22	employment.
23	23	(3) "Consumer reporting agency" means any person that,
24	24	for monetary fees or dues or on a cooperative nonprofit basis,
25	25	regularly engages in the practice of assembling or evaluating
26	26	credit information or other information on individuals for the
27	27	purpose of furnishing credit reports to third parties.
28	28	(4) "Credit report" means any written, oral, or other
29	29	communication of information by a consumer reporting agency that
30	30	bears on an individual's creditworthiness, credit standing, credit
31	31	capacity, or debts.
32	32	(5) "Employee" and "employer" have the meanings
33	33	assigned by Section 21.002.
34	34	Sec. 52.082. ADVERSE EMPLOYMENT ACTION BY EMPLOYER. An
35	35	employer may take an adverse employment action against an employee
36	36	or applicant that is based wholly or partly on the employee's or
37	37	applicant's credit report only if:
38	38	(1) the employer provided to the employee or applicant
39	39	a copy of the credit report relied on by the employer together with
40	40	written instructions regarding how the employee or applicant, not
41	41	later than the second business day after the date the employee or
42	42	applicant receives the credit report and instructions, may provide
43	43	the employer with information explaining or otherwise addressing
44	44	the information in the credit report; and
45	45	(2) either:
46	46	(A) the employee or applicant has not provided to
47	47	the employer the information described by Subdivision (1) within
48	48	the time prescribed by that subdivision; or
49	49	(B) the employee or applicant provided to the
50	50	employer the information described by Subdivision (1) within the
51	51	time prescribed by that subdivision and the employer considered
52	52	that information before taking the action.
53	53	SECTION 2. This Act applies only to an adverse employment
54	54	action that is taken by an employer against an employee or applicant
55	55	for employment or other employer conduct that occurs on or after
56	56	January 1, 2018. Action taken by an employer or other conduct that
57	57	occurs before January 1, 2018, is governed by the law in effect
58	58	immediately before the effective date of this Act, and the former
59	59	law is continued in effect for that purpose.
60	60	SECTION 3. This Act takes effect September 1, 2017.