89R16717 SCR-D
By: Bhojani H.B. No. 5118
A BILL TO BE ENTITLED
AN ACT
relating to the use of an automated employment decision tool by an
employer to assess a job applicant's fitness for a position.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Labor Code, is amended by adding
Subtitle F to read as follows:
SUBTITLE F. PROVISIONS REGARDING JOB APPLICANT SCREENING
CHAPTER 95. USE OF AUTOMATED EMPLOYMENT DECISION TOOL
Sec. 95.001. DEFINITIONS. In this chapter:
(1) "Algorithm" means a computerized procedure
consisting of a set of steps used to accomplish a determined task.
(2) "Applicant" means a person applying for a job
offered by an employer.
(3) "Artificial intelligence system" means a system of
machine learning and related technologies that use data to train
statistical models for the purpose of enabling computer systems to
perform tasks normally associated with human intelligence or
perception, such as computer vision, speech or natural language
processing, and content generation.
(4) "Automated employment decision tool" means a
computational process or software application that uses
algorithms, machine learning, statistical modeling, data
analytics, or an artificial intelligence system to assess an
applicant's fitness for a position.
(5) "Commission" means the Texas Workforce
Commission.
(6) "Employer" has the meaning assigned by Section
61.001.
Sec. 95.002. BIAS AUDIT REQUIRED. An employer may not use an
automated employment decision tool in regard to an applicant
unless:
(1) a bias audit of the automated employment decision
tool has been conducted by an impartial, independent auditor at the
employer's request to determine whether the data incorporated into
the automated employment decision tool may have the effect of
causing discrimination prohibited under Chapter 21 or federal
antidiscrimination laws; and
(2) the employer has posted on the employer's publicly
accessible Internet website the results of the bias audit conducted
under Subdivision (1).
Sec. 95.003. DISCLOSURE REQUIRED. An employer may not use
an automated employment decision tool in regard to an applicant
unless the employer:
(1) notifies the applicant that an automated
employment decision tool may be used to assess the applicant's
fitness for the position; and
(2) provides the applicant with information
describing how the automated employment decision tool will be used
to assess the applicant's fitness for the position, including what
characteristics may be evaluated for that purpose.
Sec. 95.004. RULES. The commission shall adopt rules for
the administration of this chapter.
SECTION 2. This Act takes effect September 1, 2025.