By: Creighton, et al. 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, consider, or take employment action based on an
employment applicant's or employee's criminal history record
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Labor Code, is amended by adding Chapter
106 to read as follows:
CHAPTER 106. CRIMINAL HISTORY RECORD INFORMATION OF EMPLOYMENT
APPLICANT OR EMPLOYEE
Sec. 106.001. 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.
(3) "Employee" means an individual who is employed by
an employer for compensation.
(4) "Employer" means a person who employs one or more
employees.
Sec. 106.002. 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 106, 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.