| 1 | 1 | | 88R12456 KKR-D |
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| 2 | 2 | | By: Manuel, Reynolds, Rose, H.B. No. 3246 |
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| 3 | 3 | | González of Dallas, Longoria |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to inquiries about and the consideration of criminal |
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| 9 | 9 | | history record information regarding applicants for employment. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 52, Labor Code, is amended by adding |
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| 12 | 12 | | Subchapter H to read as follows: |
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| 13 | 13 | | SUBCHAPTER H. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION |
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| 14 | 14 | | IN HIRING PROCESS |
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| 15 | 15 | | Sec. 52.081. DEFINITIONS. In this subchapter: |
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| 16 | 16 | | (1) "Applicant" means a person who has made an oral or |
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| 17 | 17 | | written application with an employer, or has sent a resume or other |
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| 18 | 18 | | correspondence to an employer, indicating an interest in |
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| 19 | 19 | | employment. |
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| 20 | 20 | | (2) "Criminal history record information" has the |
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| 21 | 21 | | meaning assigned by Section 411.082, Government Code. |
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| 22 | 22 | | (3) "Employer" has the meaning assigned by Section |
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| 23 | 23 | | 21.002. |
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| 24 | 24 | | Sec. 52.082. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF |
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| 25 | 25 | | CRIMINAL HISTORY RECORD INFORMATION. (a) An employer may not |
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| 26 | 26 | | include a question regarding an applicant's criminal history record |
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| 27 | 27 | | information on an initial employment application form. |
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| 28 | 28 | | (b) An employer may inquire into or consider an applicant's |
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| 29 | 29 | | criminal history record information after the employer has |
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| 30 | 30 | | determined that the applicant is otherwise qualified and has |
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| 31 | 31 | | conditionally offered the applicant employment or has invited the |
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| 32 | 32 | | applicant to an interview. |
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| 33 | 33 | | Sec. 52.083. NONAPPLICABILITY. This subchapter does not |
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| 34 | 34 | | apply to an applicant for a position for which consideration of |
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| 35 | 35 | | criminal history record information is required by law. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2023. |
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