| 1 | 1 | | 86R10255 AAF-F |
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| 2 | 2 | | By: Reynolds H.B. No. 2037 |
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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 consideration of criminal history record |
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| 8 | 8 | | information regarding applicants for state employment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 656, Government Code, is |
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| 11 | 11 | | amended by adding Section 656.004 to read as follows: |
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| 12 | 12 | | Sec. 656.004. CONSIDERATION OF CRIMINAL HISTORY RECORD |
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| 13 | 13 | | INFORMATION. (a) In this section: |
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| 14 | 14 | | (1) "Applicant" means a person who has made an oral or |
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| 15 | 15 | | written application with an employer, or has sent a resume or other |
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| 16 | 16 | | correspondence to an employer, indicating an interest in |
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| 17 | 17 | | employment. |
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| 18 | 18 | | (2) "Criminal history record information" has the |
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| 19 | 19 | | meaning assigned by Section 411.082. |
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| 20 | 20 | | (3) "State agency" means an agency in any branch of |
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| 21 | 21 | | state government. |
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| 22 | 22 | | (b) A state agency may not include a question regarding an |
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| 23 | 23 | | applicant's criminal history record information on an initial |
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| 24 | 24 | | employment application form. |
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| 25 | 25 | | (c) A state agency may inquire into or consider an |
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| 26 | 26 | | applicant's criminal history record information after the agency |
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| 27 | 27 | | has determined that the applicant is otherwise qualified and has |
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| 28 | 28 | | conditionally offered the applicant employment. |
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| 29 | 29 | | (d) This section does not apply to an applicant for a |
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| 30 | 30 | | position: |
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| 31 | 31 | | (1) that involves the provision of services to or care |
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| 32 | 32 | | of children; |
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| 33 | 33 | | (2) that requires direct interaction with children; or |
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| 34 | 34 | | (3) for which consideration of criminal history record |
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| 35 | 35 | | information is otherwise required by law. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2019. |
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