| 1 | 1 | | 85R4047 JSC-D |
|---|
| 2 | 2 | | By: Deshotel H.B. No. 548 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the consideration of criminal history record |
|---|
| 8 | 8 | | information regarding applicants for employment. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 52, Labor Code, is amended by adding |
|---|
| 11 | 11 | | Subchapter H to read as follows: |
|---|
| 12 | 12 | | SUBCHAPTER H. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION |
|---|
| 13 | 13 | | IN HIRING PROCESS |
|---|
| 14 | 14 | | Sec. 52.081. DEFINITIONS. In this subchapter: |
|---|
| 15 | 15 | | (1) "Applicant" means a person who has made an oral or |
|---|
| 16 | 16 | | written application with an employer, or has sent a resume or other |
|---|
| 17 | 17 | | correspondence to an employer, indicating an interest in |
|---|
| 18 | 18 | | employment. |
|---|
| 19 | 19 | | (2) "Criminal history record information" has the |
|---|
| 20 | 20 | | meaning assigned by Section 411.082, Government Code. |
|---|
| 21 | 21 | | (3) "Employer" has the meaning assigned by Section |
|---|
| 22 | 22 | | 21.002. |
|---|
| 23 | 23 | | Sec. 52.082. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF |
|---|
| 24 | 24 | | CRIMINAL HISTORY RECORD INFORMATION. (a) An employer may not |
|---|
| 25 | 25 | | include a question regarding an applicant's criminal history record |
|---|
| 26 | 26 | | information on an initial employment application form. |
|---|
| 27 | 27 | | (b) An employer may inquire into or consider an applicant's |
|---|
| 28 | 28 | | criminal history record information after the employer has |
|---|
| 29 | 29 | | determined that the applicant is otherwise qualified and has |
|---|
| 30 | 30 | | conditionally offered the applicant employment or has invited the |
|---|
| 31 | 31 | | applicant to an interview. |
|---|
| 32 | 32 | | (c) In making an employment decision, an employer may not |
|---|
| 33 | 33 | | consider any criminal history record information regarding an |
|---|
| 34 | 34 | | offense that occurred or was alleged to have occurred more than |
|---|
| 35 | 35 | | seven years before the date of the employment decision. |
|---|
| 36 | 36 | | Sec. 52.083. NONAPPLICABILITY. This subchapter does not |
|---|
| 37 | 37 | | apply to an applicant for a position for which consideration of |
|---|
| 38 | 38 | | criminal history record information is required by law. |
|---|
| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|