89R2570 KKR-D
By: Manuel H.B. No. 1191
A BILL TO BE ENTITLED
AN ACT
relating to inquiries about and the consideration of criminal
history record information regarding an applicant for employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 52, Labor Code, is amended by adding
Subchapter H to read as follows:
SUBCHAPTER H. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION
IN HIRING PROCESS
Sec. 52.081. DEFINITIONS. In this subchapter:
(1) "Applicant" means an individual who has made an
oral or written application with an employer, or has sent a resume
or other correspondence to an employer, indicating an interest in
employment.
(2) "Criminal history record information" has the
meaning assigned by Section 411.082, Government Code.
(3) "Employer" has the meaning assigned by Section
21.002.
Sec. 52.082. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF
CRIMINAL HISTORY RECORD INFORMATION. (a) An employer may not
include a question regarding an applicant's criminal history record
information on an initial employment application form.
(b) An employer may inquire into or consider an applicant's
criminal history record information after the employer has:
(1) determined that the applicant is otherwise
qualified; and
(2) conditionally offered the applicant employment or
invited the applicant to an interview.
Sec. 52.083. NONAPPLICABILITY. This subchapter does not
apply to an applicant for a position for which consideration of
criminal history record information is required by law.
SECTION 2. This Act takes effect September 1, 2025.