Texas House Bill HB577

Texas 2017 - 85th Regular

• Filed: 12/13/16

Caption

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.

Impact

If enacted, HB 577 would significantly alter the legal landscape regarding hiring practices related to criminal history records. It would prevent local governments from implementing their own rules or restrictions in this regard, ensuring that private employers can uniformly access and consider criminal history information without localized limitations. This centralization of authority is posited to streamline hiring processes for businesses operating in multiple jurisdictions.

Summary

House Bill 577 addresses the authority of political subdivisions in Texas to regulate how private employers can inquire about or consider an applicant's or employee's criminal history. The bill prohibits local governments from enacting ordinances that would limit or regulate employers’ ability to access and consider criminal history record information during the hiring process. The intent behind this legislation is to create a consistent standard across the state and prevent a fragmented regulatory environment that could result from varying local ordinances.

Sentiment

The sentiment surrounding HB 577 is mixed. Supporters argue that the bill enables employers to make informed hiring decisions based on criminal histories and helps protect businesses from inconsistent regulations that could arise from different localities imposing restrictive rules. Conversely, opponents raise concerns that the bill erodes local governance and disregards the unique context of communities, where local regulations might be necessary to accommodate specific societal needs related to employment and rehabilitation.

Contention

One of the major points of contention involves the balance of power between state authority and local governance. Proponents of HB 577 believe that a uniform state policy is essential for facilitating business operations, while detractors argue that local entities should retain the right to tailor their employment regulations, particularly in response to community values and public safety considerations. This ongoing debate reflects broader discussions about governmental jurisdiction and the essential rights of local governments to adapt laws according to their residents' needs.