| 1 | 1 | | 88R18110 LRM-F |
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| 2 | 2 | | By: Cook, Moody, Leach, Rosenthal, AnchÃa H.B. No. 1215 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to consideration of criminal history of applicants for |
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| 8 | 8 | | public employment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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| 11 | 11 | | by adding Chapter 620 to read as follows: |
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| 12 | 12 | | CHAPTER 620. CONSIDERATION OF CRIMINAL HISTORY OF APPLICANTS FOR |
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| 13 | 13 | | PUBLIC EMPLOYMENT |
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| 14 | 14 | | Sec. 620.001. DEFINITION. In this chapter, "public |
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| 15 | 15 | | employer" means: |
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| 16 | 16 | | (1) a board, a commission, an office, a department, or |
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| 17 | 17 | | another agency in the executive, judicial, or legislative branch of |
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| 18 | 18 | | state government, including an institution of higher education, as |
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| 19 | 19 | | that term is defined by Section 61.003, Education Code; or |
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| 20 | 20 | | (2) a political subdivision of this state. |
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| 21 | 21 | | Sec. 620.002. NONAPPLICABILITY. This chapter does not |
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| 22 | 22 | | apply to: |
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| 23 | 23 | | (1) an independent school district; or |
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| 24 | 24 | | (2) any position with a law enforcement agency for |
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| 25 | 25 | | which a license is required under Chapter 1701, Occupations Code. |
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| 26 | 26 | | Sec. 620.003. CRIMINAL HISTORY OF APPLICANTS FOR PUBLIC |
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| 27 | 27 | | EMPLOYMENT. (a) Except as provided by Subsection (b), before |
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| 28 | 28 | | making a conditional offer of employment to an applicant, a public |
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| 29 | 29 | | employer may not: |
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| 30 | 30 | | (1) obtain criminal history record information |
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| 31 | 31 | | relating to the applicant; or |
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| 32 | 32 | | (2) ask the applicant to disclose orally or in writing |
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| 33 | 33 | | information regarding the applicant's criminal history, if any. |
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| 34 | 34 | | (b) Before making a conditional offer of employment, a |
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| 35 | 35 | | public employer may: |
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| 36 | 36 | | (1) notify the applicant for a position that certain |
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| 37 | 37 | | criminal convictions disqualify the applicant from consideration |
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| 38 | 38 | | for the position under law or the employer's written policy; or |
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| 39 | 39 | | (2) include a question on an initial employment |
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| 40 | 40 | | application form regarding whether an applicant has been convicted |
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| 41 | 41 | | of a criminal offense that would disqualify the applicant from |
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| 42 | 42 | | employment under law if the question is limited to offenses that |
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| 43 | 43 | | result in disqualification. |
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| 44 | 44 | | (c) This section does not prohibit a public employer from |
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| 45 | 45 | | obtaining criminal history record information after the public |
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| 46 | 46 | | employer has made a conditional offer of employment to an |
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| 47 | 47 | | applicant. |
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| 48 | 48 | | SECTION 2. The changes in law made by this Act apply only to |
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| 49 | 49 | | an employment application submitted on or after the effective date |
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| 50 | 50 | | of this Act. An employment application submitted before the |
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| 51 | 51 | | effective date of this Act is governed by the law in effect on the |
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| 52 | 52 | | date the application was submitted, and the former law is continued |
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| 53 | 53 | | in effect for that purpose. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2023. |
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