| 3 | 2 | | |
|---|
| 4 | 3 | | |
|---|
| 5 | 4 | | A BILL TO BE ENTITLED |
|---|
| 6 | 5 | | AN ACT |
|---|
| 7 | 6 | | relating to the authority of a political subdivision to adopt or |
|---|
| 8 | 7 | | enforce certain regulations regarding whether a private employer |
|---|
| 9 | 8 | | may obtain, consider, or take employment action based on an |
|---|
| 10 | 9 | | employment applicant's or employee's criminal history record |
|---|
| 11 | 10 | | information. |
|---|
| 12 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 12 | | SECTION 1. Title 3, Labor Code, is amended by adding Chapter |
|---|
| 14 | 13 | | 106 to read as follows: |
|---|
| 15 | 14 | | CHAPTER 106. CRIMINAL HISTORY RECORD INFORMATION OF EMPLOYMENT |
|---|
| 16 | 15 | | APPLICANT OR EMPLOYEE |
|---|
| 17 | 16 | | Sec. 106.001. DEFINITIONS. In this chapter: |
|---|
| 18 | 17 | | (1) "Applicant" means a person who has made an oral or |
|---|
| 19 | 18 | | written application with a private employer, or has sent a resume or |
|---|
| 20 | 19 | | other correspondence to a private employer, indicating an interest |
|---|
| 21 | 20 | | in employment. |
|---|
| 22 | 21 | | (2) "Criminal history record information" has the |
|---|
| 23 | 22 | | meaning assigned by Section 411.082, Government Code. |
|---|
| 24 | 23 | | (3) "Employee" means an individual who is employed by |
|---|
| 25 | 24 | | an employer for compensation. |
|---|
| 26 | 25 | | (4) "Employer" means a person who employs one or more |
|---|
| 27 | 26 | | employees. |
|---|
| 28 | 27 | | Sec. 106.002. CONSIDERATION OF CRIMINAL HISTORY RECORD |
|---|
| 29 | 28 | | INFORMATION OF EMPLOYMENT APPLICANT OR EMPLOYEE. A political |
|---|
| 30 | 29 | | subdivision of this state may not adopt or enforce any ordinance, |
|---|
| 31 | 30 | | order, rule, regulation, or policy that prohibits, limits, or |
|---|
| 32 | 31 | | otherwise regulates a private employer's ability to request, |
|---|
| 33 | 32 | | consider, or take employment action based on the criminal history |
|---|
| 34 | 33 | | record information of an applicant or employee. |
|---|
| 35 | 34 | | SECTION 2. Chapter 106, Labor Code, as added by this Act, |
|---|
| 36 | 35 | | applies to an ordinance, order, rule, regulation, or policy adopted |
|---|
| 37 | 36 | | before, on, or after the effective date of this Act. |
|---|
| 38 | 37 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|