By: Creighton S.B. No. 2488
A BILL TO BE ENTITLED
AN ACT
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 applicants' or employees'
criminal history record information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 83 to read as follows:
CHAPTER 83. LOCAL REGULATION OF EMPLOYMENT PRACTICES
Sec. 83.001. DEFINITIONS. In this chapter:
(1) "Applicant" means a person who has made an oral or
written application with a private employer, or has sent a resume or
other correspondence to a private employer, indicating an interest
in employment.
(2) "Criminal history record information" has the
meaning assigned by Section 411.082, Government Code.
(4) "Employer" means a person who employs one or more
employees.
Sec. 83.002A. CONSIDERATION OF CRIMINAL HISTORY RECORD
INFORMATION OF EMPLOYMENT APPLICANT OR EMPLOYEE. A political
subdivision of this state may not adopt or enforce any ordinance,
order, rule, regulation, or policy that prohibits, limits, or
otherwise regulates a private employer 's ability to request,
consider, or take employment action based on the criminal history
record information of an applicant or employee.
SECTION 2. Chapter 83, Labor Code, as added by this Act,
applies to an ordinance, order, rule, regulation, or policy adopted
before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.