Texas Senate Bill SB1262

Texas 2017 - 85th Regular

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

The implementation of SB1262 could significantly alter the landscape of employment practices across Texas. By eliminating the ability for local governments to impose restrictions on the use of criminal history in hiring, the bill potentially enables employers to engage in more extensive background checks. Proponents of the bill argue that it will enhance the efficiency of hiring processes and provide clearer guidelines for employers. However, critics raise concerns that it could lead to discriminatory practices against individuals with criminal records, thereby impacting their employment opportunities and reintegration into society.

Summary

SB1262 seeks to regulate the authority of political subdivisions in Texas to set local ordinances concerning the consideration of criminal history by private employers. Specifically, the bill prohibits local governments from adopting or enforcing any regulations that restrict a private employer's rights to request or act upon the criminal history of employment applicants or employees. This measure aims to create a uniform state standard regarding the use of criminal background checks in employment decisions, thereby limiting local control over such matters.

Contention

One area of contention surrounding SB1262 is the balance of power between state and local governments. Supporters assert that local ordinances can create a patchwork of regulations that complicate compliance for businesses operating in multiple jurisdictions. In contrast, opponents contend that such local laws are essential for addressing specific community needs, particularly related to social justice and equitable employment opportunities. This disagreement highlights a broader debate on the effectiveness of state preemption over local policymaking and the implications it has for community rights.