86R3501 JSC-D
By: Deshotel H.B. No. 495
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of criminal history record
information regarding applicants for employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 52, Labor Code, is amended by adding
Subchapter H to read as follows:
SUBCHAPTER H. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION
IN HIRING PROCESS
Sec. 52.081. DEFINITIONS. In this subchapter:
(1) "Applicant" means a person who has made an oral or
written application with an employer, or has sent a resume or other
correspondence to an employer, indicating an interest in
employment.
(2) "Criminal history record information" has the
meaning assigned by Section 411.082, Government Code.
(3) "Employer" has the meaning assigned by Section
21.002.
Sec. 52.082. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF
CRIMINAL HISTORY RECORD INFORMATION. (a) An employer may not
include a question regarding an applicant's criminal history record
information on an initial employment application form.
(b) An employer may inquire into or consider an applicant's
criminal history record information after the employer has
determined that the applicant is otherwise qualified and has
conditionally offered the applicant employment or has invited the
applicant to an interview.
(c) In making an employment decision, an employer may not
consider any criminal history record information regarding an
offense that occurred or was alleged to have occurred more than
seven years before the date of the employment decision.
Sec. 52.083. NONAPPLICABILITY. This subchapter does not
apply to an applicant for a position for which consideration of
criminal history record information is required by law.
SECTION 2. This Act takes effect September 1, 2019.