| 1 | 1 | | 85R2217 JSC-F |
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| 2 | 2 | | By: Huffman, Campbell S.B. No. 1262 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a political subdivision to adopt or |
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| 8 | 8 | | enforce certain regulations regarding whether a private employer |
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| 9 | 9 | | may obtain or consider an employment applicant's or employee's |
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| 10 | 10 | | criminal history record information. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Title 3, Labor Code, is amended by adding Chapter |
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| 13 | 13 | | 106 to read as follows: |
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| 14 | 14 | | CHAPTER 106. CRIMINAL HISTORY RECORD INFORMATION OF EMPLOYMENT |
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| 15 | 15 | | APPLICANT OR EMPLOYEE |
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| 16 | 16 | | Sec. 106.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Applicant" means a person who has made an oral or |
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| 18 | 18 | | written application with a private employer, or has sent a resume or |
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| 19 | 19 | | other correspondence to a private employer, indicating an interest |
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| 20 | 20 | | in employment. |
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| 21 | 21 | | (2) "Criminal history record information" has the |
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| 22 | 22 | | meaning assigned by Section 411.082, Government Code. |
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| 23 | 23 | | Sec. 106.002. CERTAIN LOCAL REGULATION OF PRIVATE EMPLOYERS |
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| 24 | 24 | | PROHIBITED. A political subdivision of this state may not adopt or |
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| 25 | 25 | | enforce any ordinance or other local regulation that prohibits, |
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| 26 | 26 | | limits, or otherwise regulates a private employer's ability to |
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| 27 | 27 | | request, consider, or take employment action based on the criminal |
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| 28 | 28 | | history record information of an applicant or employee. |
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| 29 | 29 | | Sec. 106.003. NONAPPLICABILITY. This chapter does not |
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| 30 | 30 | | prevent a political subdivision of this state from adopting or |
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| 31 | 31 | | enforcing an ordinance or other local regulation relating to the |
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| 32 | 32 | | access to or consideration of the criminal history record |
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| 33 | 33 | | information of an individual: |
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| 34 | 34 | | (1) entering into a contract or other agreement with |
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| 35 | 35 | | the political subdivision; |
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| 36 | 36 | | (2) receiving a grant from the political subdivision; |
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| 37 | 37 | | (3) seeking a license, permit, or other authorization |
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| 38 | 38 | | to conduct business from the political subdivision; or |
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| 39 | 39 | | (4) conducting business with or under the regulatory |
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| 40 | 40 | | authority of the political subdivision. |
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| 41 | 41 | | SECTION 2. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2017. |
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