Texas 2023 - 88th Regular

Texas Senate Bill SB1976 Compare Versions

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1	1	88R12341 LRM-D
2	2	By: Miles S.B. No. 1976
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the consideration of criminal history record
8	8	information of applicants for public employment or an occupational
9	9	license.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 656, Government Code, is amended by
12	12	adding Subchapter E to read as follows:
13	13	SUBCHAPTER E. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION
14	14	Sec. 656.151. DEFINITIONS. In this subchapter:
15	15	(1) "Applicant" means a person who has made an oral or
16	16	written application with an employer, or has sent a resume or other
17	17	correspondence to an employer, indicating an interest in
18	18	employment.
19	19	(2) "Criminal history record information" has the
20	20	meaning assigned by Section 411.082.
21	21	(3) "State agency" means an agency in any branch of
22	22	state government.
23	23	Sec. 656.152. CRIMINAL HISTORY ON EMPLOYMENT APPLICATION.
24	24	A state agency may not include a question regarding an applicant's
25	25	criminal history record information on an initial employment
26	26	application form.
27	27	Sec. 656.153. CONFIDENTIALITY OF CRIMINAL HISTORY RECORD
28	28	INFORMATION. Notwithstanding Section 411.0765, an applicant's
29	29	criminal history record information collected by a state agency as
30	30	part of the application review process, if any, is confidential and
31	31	may not be disclosed by the state agency.
32	32	Sec. 656.154. CONSIDERATION OF CRIMINAL HISTORY RECORD
33	33	INFORMATION. (a) A state agency may inquire into or consider an
34	34	applicant's criminal history record information after the agency
35	35	has determined that the applicant is otherwise qualified and has
36	36	conditionally offered the applicant employment.
37	37	(b) A state agency may not disqualify an applicant from
38	38	employment because of a prior criminal conviction unless:
39	39	(1) the criminal conviction directly relates to the
40	40	employment position sought by the applicant; or
41	41	(2) other law prohibits the applicant from employment
42	42	because of the type of criminal conviction.
43	43	(c) A state agency may not consider in the criminal history
44	44	record information or disqualify an applicant based on:
45	45	(1) an arrest that is not followed by an information or
46	46	indictment;
47	47	(2) a conviction that has been sealed or expunged; or
48	48	(3) a Class C misdemeanor or other misdemeanor
49	49	punishable by fine only.
50	50	Sec. 656.155. FACTORS IN DETERMINING WHETHER CONVICTION
51	51	RELATES TO EMPLOYMENT POSITION. In determining whether a criminal
52	52	conviction directly relates to an employment position under Section
53	53	656.154(b)(1), the state agency shall consider:
54	54	(1) whether the criminal conviction is directly
55	55	related to the duties and responsibilities of the employment
56	56	position;
57	57	(2) the extent to which employment might offer an
58	58	opportunity to engage in further criminal activity of the same type
59	59	as that for which the person was convicted;
60	60	(3) whether circumstances leading to the conduct for
61	61	which the person was convicted will recur in the employment
62	62	position; and
63	63	(4) the amount of time that has elapsed since the
64	64	applicant's last criminal conviction.
65	65	Sec. 656.156. NOTICE OF INTENT TO DENY EMPLOYMENT. Before
66	66	denying an applicant employment based on the applicant's criminal
67	67	history record information, a state agency must notify the
68	68	applicant in writing of the state agency's intent to deny the
69	69	applicant an employment position because of the applicant's
70	70	criminal history. The state agency must:
71	71	(1) identify the criminal conviction that is the basis
72	72	for the potential denial or disqualification;
73	73	(2) provide to the applicant a copy of the applicant's
74	74	criminal history record information; and
75	75	(3) provide examples of evidence of mitigation or
76	76	rehabilitation that the applicant may voluntarily provide under
77	77	Section 656.157.
78	78	Sec. 656.157. EVIDENCE OF APPLICANT'S REHABILITATION. A
79	79	state agency may not initially disqualify an applicant from an
80	80	employment position because of a criminal conviction directly
81	81	relating to the employment position if, not later than the 10th day
82	82	after the date the state agency notified the applicant under
83	83	Section 656.156 of the state agency's intent to deny employment,
84	84	the applicant provides to the state agency evidence of:
85	85	(1) mitigation or rehabilitation, including evidence
86	86	that:
87	87	(A) at least one year has elapsed since the date
88	88	of the applicant's release from any correctional institution
89	89	without subsequent criminal convictions; and
90	90	(B) the applicant is in compliance with the
91	91	applicant's terms of probation or parole; and
92	92	(2) the applicant's fitness to perform the duties of
93	93	the employment position, including letters of recommendation.
94	94	Sec. 656.158. DENIAL OF EMPLOYMENT. A state agency shall
95	95	consider any information provided under Section 656.157 and make a
96	96	final employment decision based on an individualized assessment of
97	97	the information submitted by the applicant and the factors under
98	98	Section 656.155. A state agency that denies an applicant
99	99	employment after considering that information shall notify the
100	100	applicant in writing of:
101	101	(1) the final denial or disqualification;
102	102	(2) the appeals process established by the Texas
103	103	Workforce Commission under Section 656.160;
104	104	(3) potential eligibility of the applicant for other
105	105	employment; and
106	106	(4) the earliest date on which the applicant may
107	107	reapply for employment.
108	108	Sec. 656.159. RECORDS; REVIEW; COMPLAINTS. (a) A state
109	109	agency shall retain application forms, records of employment,
110	110	communications with applicants, and any other records related to
111	111	this subchapter until at least the third anniversary of the date of
112	112	filling an employment position subject to this subchapter.
113	113	(b) The Texas Workforce Commission shall be provided access
114	114	to records under Subsection (a) to monitor compliance with this
115	115	subchapter.
116	116	(c) Any person aggrieved by a state agency's violation of
117	117	this subchapter may file a complaint regarding the implementation
118	118	of, compliance with, and impact of this subchapter to the Texas
119	119	Workforce Commission. The Texas Workforce Commission shall keep a
120	120	record of reports made under this subsection.
121	121	(d) The Texas Workforce Commission shall:
122	122	(1) conduct periodic reviews of state agencies to
123	123	assess compliance with this subchapter;
124	124	(2) investigate and review complaints of violations of
125	125	this subchapter; and
126	126	(3) report quarterly on complaints, investigations,
127	127	and reviews.
128	128	Sec. 656.160. APPEAL. The Texas Workforce Commission shall
129	129	establish an appeals process for any complaints or grievances
130	130	concerning a violation of this subchapter.
131	131	Sec. 656.161. STATISTICS AND AUDITS. A state agency shall:
132	132	(1) maintain a record of the number of:
133	133	(A) employment positions, applicants, and
134	134	applicants conditionally offered employment for employment
135	135	positions requiring criminal history record information by the
136	136	state agency; and
137	137	(B) applicants with prior criminal convictions
138	138	who:
139	139	(i) were notified of the state agency's
140	140	intent to deny the applicant employment under Section 656.156;
141	141	(ii) provided evidence of mitigation or
142	142	rehabilitation under Section 656.157;
143	143	(iii) were notified of the state agency's
144	144	denial of employment under Section 656.158; or
145	145	(iv) were offered employment;
146	146	(2) regularly conduct an anonymous survey of employees
147	147	in employment positions not requiring criminal history record
148	148	information to determine the number of employees with prior
149	149	convictions; and
150	150	(3) conduct an audit of the state agency's hiring
151	151	practices in an effort to ensure that applicants with prior
152	152	criminal convictions are not unreasonably denied employment.
153	153	Sec. 656.162. EXEMPTIONS. This subchapter does not apply
154	154	to an applicant for a position:
155	155	(1) that involves the provision of services to or care
156	156	of children;
157	157	(2) that requires direct interaction with children; or
158	158	(3) for which consideration of criminal history record
159	159	information is otherwise required by law.
160	160	SECTION 2. Subtitle C, Title 5, Local Government Code, is
161	161	amended by adding Chapter 181 to read as follows:
162	162	CHAPTER 181. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION
163	163	Sec. 181.001. DEFINITIONS. In this chapter:
164	164	(1) "Applicant" means a person who has made an oral or
165	165	written application with an employer, or has sent a resume or other
166	166	correspondence to an employer, indicating an interest in
167	167	employment.
168	168	(2) "Criminal history record information" has the
169	169	meaning assigned by Section 411.082, Government Code.
170	170	(3) "Local government" means a county, municipality,
171	171	or other political subdivision of this state.
172	172	Sec. 181.002. CRIMINAL HISTORY ON EMPLOYMENT APPLICATION.
173	173	A local government may not include a question regarding an
174	174	applicant's criminal history record information on an initial
175	175	employment application form.
176	176	Sec. 181.003. CONFIDENTIALITY OF CRIMINAL HISTORY RECORD
177	177	INFORMATION. Notwithstanding Section 411.0765, Government Code,
178	178	an applicant's criminal history record information collected by a
179	179	local government as part of the application review process, if any,
180	180	is confidential and may not be disclosed by the local government.
181	181	Sec. 181.004. CONSIDERATION OF CRIMINAL HISTORY RECORD
182	182	INFORMATION. (a) A local government may inquire into or consider
183	183	an applicant's criminal history record information after the local
184	184	government has determined that the applicant is otherwise qualified
185	185	and has conditionally offered the applicant employment.
186	186	(b) A local government may not disqualify an applicant from
187	187	employment because of a prior criminal conviction unless:
188	188	(1) the criminal conviction directly relates to the
189	189	employment position sought by the applicant; or
190	190	(2) other law prohibits the applicant from employment
191	191	because of the type of criminal conviction.
192	192	(c) A local government may not consider in the criminal
193	193	history record information or disqualify an applicant based on:
194	194	(1) an arrest that is not followed by an information or
195	195	indictment;
196	196	(2) a conviction that has been sealed or expunged; or
197	197	(3) a Class C misdemeanor or other misdemeanor
198	198	punishable by fine only.
199	199	Sec. 181.005. FACTORS IN DETERMINING WHETHER CONVICTION
200	200	RELATES TO EMPLOYMENT POSITION. In determining whether a criminal
201	201	conviction directly relates to an employment position under Section
202	202	181.004(b)(1), a local government shall consider:
203	203	(1) whether the criminal conviction is directly
204	204	related to the duties and responsibilities of the employment
205	205	position;
206	206	(2) the extent to which employment might offer an
207	207	opportunity to engage in further criminal activity of the same type
208	208	as that for which the person was convicted;
209	209	(3) whether circumstances leading to the conduct for
210	210	which the person was convicted will recur in the employment
211	211	position; and
212	212	(4) the amount of time that has elapsed since the
213	213	applicant's last criminal conviction.
214	214	Sec. 181.006. NOTICE OF INTENT TO DENY EMPLOYMENT. Before
215	215	denying an applicant employment based on the applicant's criminal
216	216	history record information, a local government must notify the
217	217	applicant in writing of the local government's intent to deny the
218	218	applicant employment because of the applicant's criminal history.
219	219	The local government must:
220	220	(1) identify the criminal conviction that is the basis
221	221	for the potential denial or disqualification;
222	222	(2) provide to the applicant a copy of the applicant's
223	223	criminal history record information; and
224	224	(3) provide examples of evidence of mitigation or
225	225	rehabilitation that the applicant may voluntarily provide under
226	226	Section 181.007.
227	227	Sec. 181.007. EVIDENCE OF APPLICANT'S REHABILITATION. A
228	228	local government may not initially disqualify an applicant from an
229	229	employment position because of a criminal conviction directly
230	230	relating to the employment position if, not later than the 10th day
231	231	after the date the local government notified the applicant under
232	232	Section 181.006 of the local government's intent to deny
233	233	employment, the applicant provides to the local government evidence
234	234	of:
235	235	(1) mitigation or rehabilitation, including evidence
236	236	that:
237	237	(A) at least one year has elapsed since the date
238	238	of the applicant's release from any correctional institution
239	239	without subsequent criminal convictions; and
240	240	(B) the applicant is in compliance with the
241	241	applicant's terms of probation or parole; and
242	242	(2) the applicant's fitness to perform the duties of
243	243	the employment position, including letters of recommendation.
244	244	Sec. 181.008. DENIAL OF EMPLOYMENT. A local government
245	245	shall consider any information provided under Section 181.007 and
246	246	make a final employment decision based on an individualized
247	247	assessment of the information submitted by the applicant and the
248	248	factors under Section 181.005. A local government that denies an
249	249	applicant employment after considering that information shall
250	250	notify the applicant in writing of:
251	251	(1) the final denial or disqualification;
252	252	(2) the appeals process established by the Texas
253	253	Workforce Commission under Section 181.010;
254	254	(3) potential eligibility of the applicant for other
255	255	employment; and
256	256	(4) the earliest date on which the applicant may
257	257	reapply for employment.
258	258	Sec. 181.009. RECORDS; REVIEW; COMPLAINTS. (a) A local
259	259	government shall retain application forms, records of employment,
260	260	communications with applicants, and any other records related to
261	261	this chapter until at least the third anniversary of the date of
262	262	filling an employment position subject to this chapter.
263	263	(b) The Texas Workforce Commission shall be provided access
264	264	to records under Subsection (a) to monitor compliance with this
265	265	chapter.
266	266	(c) Any person aggrieved by a local government's violation
267	267	of this chapter may file a complaint regarding the implementation
268	268	of, compliance with, and impact of this chapter to the Texas
269	269	Workforce Commission. The Texas Workforce Commission shall keep a
270	270	record of reports made under this subsection.
271	271	(d) The Texas Workforce Commission shall:
272	272	(1) conduct periodic reviews of local governments to
273	273	assess compliance with this chapter;
274	274	(2) investigate and review complaints of violations of
275	275	this chapter; and
276	276	(3) report quarterly on complaints, investigations,
277	277	and reviews.
278	278	Sec. 181.010. APPEAL. The Texas Workforce Commission shall
279	279	establish an appeals process for any complaints or grievances
280	280	concerning a violation of this chapter.
281	281	Sec. 181.011. STATISTICS AND AUDITS. A local government
282	282	shall:
283	283	(1) maintain a record of the number of:
284	284	(A) employment positions, applicants, and
285	285	applicants conditionally offered employment for employment
286	286	positions requiring criminal history record information by the
287	287	local government; and
288	288	(B) applicants with prior criminal convictions
289	289	who:
290	290	(i) were notified of the local government's
291	291	intent to deny the applicant employment under Section 181.006;
292	292	(ii) provided evidence of mitigation or
293	293	rehabilitation under Section 181.007;
294	294	(iii) were notified of the local
295	295	government's final denial of employment under Section 181.008; or
296	296	(iv) were offered employment;
297	297	(2) regularly conduct an anonymous survey of employees
298	298	in employment positions not requiring criminal history record
299	299	information to determine the number of employees with prior
300	300	convictions; and
301	301	(3) conduct an audit of the local government's hiring
302	302	practices in an effort to ensure that applicants with prior
303	303	criminal convictions are not unreasonably denied employment.
304	304	Sec. 181.012. EXEMPTIONS. This chapter does not apply to an
305	305	applicant for a position:
306	306	(1) that involves the provision of services to or care
307	307	of children;
308	308	(2) that requires direct interaction with children; or
309	309	(3) for which consideration of criminal history record
310	310	information is otherwise required by law.
311	311	SECTION 3. Subchapter A, Chapter 53, Occupations Code, is
312	312	amended by adding Sections 53.004, 53.005, and 53.006 to read as
313	313	follows:
314	314	Sec. 53.004. DISCLOSURE OF CRIMINAL HISTORY RECORD
315	315	INFORMATION PROHIBITED. A state agency that issues a license that
316	316	obtains in connection with the licensing process any criminal
317	317	history record information regarding a license applicant or license
318	318	holder may not disclose or otherwise use the information, except as
319	319	allowed by law.
320	320	Sec. 53.005. CONSIDERATION OF CRIMINAL HISTORY RECORD
321	321	INFORMATION. A state agency that issues a license may not inquire
322	322	into or consider an applicant's criminal history record information
323	323	until after the state agency has determined that the applicant is
324	324	otherwise qualified for the license.
325	325	Sec. 53.006. CRIMINAL HISTORY ON LICENSE APPLICATION.
326	326	Notwithstanding any other law, an application for a license may not
327	327	include a question regarding an applicant's criminal history record
328	328	information.
329	329	SECTION 4. Sections 53.021(a) and (a-1), Occupations Code,
330	330	are amended to read as follows:
331	331	(a) Except as provided by Subsection (b) and subject
332	332	[Subject] to Section 53.0231, a licensing authority may not suspend
333	333	or revoke a license, disqualify a person from receiving a license,
334	334	or deny to a person the opportunity to take a licensing examination
335	335	on the grounds that the person has been convicted of an offense,
336	336	unless the offense:
337	337	(1) [an offense that] directly relates to the duties
338	338	and responsibilities of the licensed occupation; or
339	339	(2) by law disqualifies the person from obtaining
340	340	employment in the occupation for which the license is required [an
341	341	offense listed in Article 42A.054, Code of Criminal Procedure; or
342	342	[(3) a sexually violent offense, as defined by Article
343	343	62.001, Code of Criminal Procedure].
344	344	(a-1) A licensing authority may not consider a person to
345	345	have been convicted of an offense for purposes of this section if
346	346	the conviction:
347	347	(1) is for an offense punishable by fine only
348	348	[Subsection (a) does not apply to a person who has been convicted
349	349	only of an offense punishable as a Class C misdemeanor] unless:
350	350	(A) [(1)] the person is an applicant for or the
351	351	holder of a license that authorizes the person to possess a firearm;
352	352	and
353	353	(B) [(2)] the offense for which the person was
354	354	convicted is a misdemeanor crime of domestic violence as that term
355	355	is defined by 18 U.S.C. Section 921; or
356	356	(2) has been sealed or expunged.
357	357	SECTION 5. Sections 51.356 and 53.021(c), (d), and (e),
358	358	Occupations Code, are repealed.
359	359	SECTION 6. (a) Subchapter E, Chapter 656, Government Code,
360	360	and Chapter 181, Local Government Code, as added by this Act, apply
361	361	only to an application for employment submitted on or after the
362	362	effective date of this Act.
363	363	(b) The changes in law made by this Act to Chapter 53,
364	364	Occupations Code, apply only to an application for a license or
365	365	other authorization that is filed, or a proceeding to revoke or
366	366	suspend a license or authorization that is commenced, on or after
367	367	the effective date of this Act.
368	368	SECTION 7. This Act takes effect September 1, 2023.