87R3542 JSC-F
By: Rose, Reynolds, Bucy H.B. No. 2542
A BILL TO BE ENTITLED
AN ACT
relating to considering criminal history in employment decisions;
providing an administrative penalty.
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 CONSIDERATION IN
EMPLOYMENT DECISIONS
Sec. 106.001. DEFINITIONS. In this chapter:
(1) "Adverse action" means a refusal to hire, a
refusal to promote, or the revocation of an offer of employment or
promotion.
(2) "Application" means a written or oral expression
of interest in an employment position by an individual made in
compliance with the employer's established criteria for receiving
expressions of interest.
(3) "Commission" means the Texas Workforce
Commission.
(4) "Conditional employment offer" means an oral or
written offer by an employer to employ an individual in an
employment position, or a classification or referral by an
employment agency or labor union, that may be conditioned on:
(A) the employer's evaluation of the individual's
criminal history; or
(B) any preemployment medical examination
authorized under the Americans with Disabilities Act (42 U.S.C.
Section 12101 et seq.).
(5) "Criminal history" means information collected
about an individual by a criminal justice agency that consists of
identifiable descriptions and notations of arrests, detentions,
indictments, informations, and other formal criminal charges and
their disposition. The term does not include a record pertaining to
a misdemeanor punishable by fine only.
(6) "Employer" means a person who employs at least 15
individuals in this state for each working day in at least 20 or
more calendar weeks in the current or preceding calendar year. The
term does not include a governmental body as defined by Section
552.003, Government Code.
(7) "Employment" means to work for an employer for pay
and includes full-time work, part-time work, temporary or seasonal
work, contract work, casual or contingent work, work through the
services of a temporary or other employment agency, and
participation in a vocational, apprenticeship, or educational
training program.
(8) "Employment agency" and "labor organization" have
the meanings assigned by Section 21.002.
Sec. 106.002. APPLICABILITY. This chapter does not apply
to an employment position for which an individual may be
disqualified based on the individual's criminal history under a
federal, state, or local law or in compliance with a legally
mandated insurance or bond requirement.
Sec. 106.003. INDIVIDUAL ASSESSMENT. An employer may
evaluate an individual's suitability for an employment position by
performing an assessment of the individual's criminal history. The
assessment performed under this section must include an evaluation
of the:
(1) nature and gravity of any offense in the
individual's criminal history;
(2) length of time that has elapsed since the date:
(A) the offense was committed; and
(B) the individual fully discharged the
individual's sentence; and
(3) nature and duties of the employment position for
which the individual has applied.
Sec. 106.004. FAIR CHANCE HIRING PRACTICES. (a) An
employer may not publish or cause to be published information about
an employment position that states or implies that an individual's
criminal history automatically disqualifies the individual from
consideration for the position.
(b) An employer may not solicit or otherwise inquire about
the criminal history of an individual in an application for an
employment position.
(c) An employer may not solicit criminal history record
information about an individual or consider an individual's
criminal history unless the employer has first made a conditional
employment offer to the individual. An employer may explain to an
applicant, in writing, the assessment system under Section 106.003
that the employer uses to consider criminal history.
(d) An employer may not refuse to make a conditional
employment offer to an individual solely because the individual did
not provide criminal history record information before an offer was
made.
(e) An employer may not take an adverse action against an
individual because of the individual's criminal history unless the
employer has determined that the individual is unsuitable for the
employment position based on an assessment conducted by the
employer under Section 106.003.
(f) An employer who takes an adverse action against an
individual based on the individual's criminal history shall inform
the individual in writing that the adverse action was based on the
individual's criminal history.
Sec. 106.005. EMPLOYMENT AGENCIES AND LABOR ORGANIZATIONS.
An employment agency or labor organization may solicit criminal
history record information about an individual and make an
assessment of an individual's criminal history only after the
employment agency or labor organization has identified an
employment position for which the employment agency or labor
organization intends to classify or refer the individual.
Sec. 106.006. COMMISSION DUTIES. (a) The commission
shall:
(1) administer this chapter; and
(2) adopt rules as necessary to implement this
chapter.
(b) The commission may require reports, conduct
investigations, and take other action the commission considers
necessary to implement this chapter.
Sec. 106.007. ADMINISTRATIVE PENALTY. (a) The commission
may assess an administrative penalty against an employer in an
amount not to exceed $500 for each employment position posting or
adverse action that violates this chapter.
(b) On an employer's first violation, the commission may
issue a warning notice to the employer in lieu of assessing the
administrative penalty and provide training materials to the
employer about compliance with this chapter.
SECTION 2. (a) In this section, "adverse action" and
"employer" have the meanings assigned by Section 106.001, Labor
Code, as added by this Act.
(b) The changes in law made by this Act apply only to an
adverse action taken by an employer on or after the effective date
of this Act. An adverse action taken before that date is governed
by the law in effect on the date the action was taken, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.