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