| 1 | 1 | | 85R13631 JSC-F |
|---|
| 2 | 2 | | By: Workman, Shine, Dale, Isaac, Villalba, H.B. No. 577 |
|---|
| 3 | 3 | | et al. |
|---|
| 4 | 4 | | Substitute the following for H.B. No. 577: |
|---|
| 5 | 5 | | By: Oliveira C.S.H.B. No. 577 |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to the authority of a political subdivision to adopt or |
|---|
| 11 | 11 | | enforce certain regulations regarding whether a private employer |
|---|
| 12 | 12 | | may obtain or consider an employment applicant's or employee's |
|---|
| 13 | 13 | | criminal history record information. |
|---|
| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 15 | 15 | | SECTION 1. Title 3, Labor Code, is amended by adding Chapter |
|---|
| 16 | 16 | | 106 to read as follows: |
|---|
| 17 | 17 | | CHAPTER 106. CRIMINAL HISTORY RECORD INFORMATION OF EMPLOYMENT |
|---|
| 18 | 18 | | APPLICANT OR EMPLOYEE |
|---|
| 19 | 19 | | Sec. 106.001. DEFINITIONS. In this chapter: |
|---|
| 20 | 20 | | (1) "Applicant" means a person who has made an oral or |
|---|
| 21 | 21 | | written application with a private employer, or has sent a resume or |
|---|
| 22 | 22 | | other correspondence to a private employer, indicating an interest |
|---|
| 23 | 23 | | in employment. |
|---|
| 24 | 24 | | (2) "Criminal history record information" means |
|---|
| 25 | 25 | | information collected by a criminal justice agency about a person's |
|---|
| 26 | 26 | | arrests, detentions, and criminal charges and the dispositions of |
|---|
| 27 | 27 | | those criminal charges. |
|---|
| 28 | 28 | | Sec. 106.002. CERTAIN LOCAL REGULATION OF PRIVATE EMPLOYERS |
|---|
| 29 | 29 | | PROHIBITED. A political subdivision of this state may not adopt or |
|---|
| 30 | 30 | | enforce any ordinance or other local regulation that prohibits, |
|---|
| 31 | 31 | | limits, delays, or otherwise regulates a private employer's ability |
|---|
| 32 | 32 | | to inquire about, request, consider, or take employment action |
|---|
| 33 | 33 | | based on the criminal history record information of an applicant or |
|---|
| 34 | 34 | | employee or criminal history provided by an applicant or employee. |
|---|
| 35 | 35 | | Sec. 106.003. NONAPPLICABILITY. This chapter does not |
|---|
| 36 | 36 | | prevent a political subdivision of this state from adopting or |
|---|
| 37 | 37 | | enforcing an ordinance or other local regulation relating to the |
|---|
| 38 | 38 | | access to or consideration of the criminal history record |
|---|
| 39 | 39 | | information of an individual or criminal history provided by an |
|---|
| 40 | 40 | | individual: |
|---|
| 41 | 41 | | (1) entering into a contract or other agreement with |
|---|
| 42 | 42 | | the political subdivision as it relates to hiring within the scope |
|---|
| 43 | 43 | | of performance of duties under that contract or agreement; or |
|---|
| 44 | 44 | | (2) receiving a grant from the political subdivision |
|---|
| 45 | 45 | | as it relates to hiring within the scope of performance of duties |
|---|
| 46 | 46 | | under that grant. |
|---|
| 47 | 47 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 51 | 51 | | Act takes effect September 1, 2017. |
|---|