Texas 2025 - 89th Regular

Texas Senate Bill SB1628 Compare Versions

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1	1	By: Miles S.B. No. 1628
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the consideration of criminal history record
9	9	information of applicants for public employment or an occupational
10	10	license.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 656, Government Code, is amended by
13	13	adding Subchapter E to read as follows:
14	14	SUBCHAPTER E. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION
15	15	Sec. 656.151. DEFINITIONS. In this subchapter:
16	16	(1) "Applicant" means a person who has made an oral or
17	17	written application with an employer, or has sent a resume or other
18	18	correspondence to an employer, indicating an interest in
19	19	employment.
20	20	(2) "Criminal history record information" has the
21	21	meaning assigned by Section 411.082.
22	22	(3) "State agency" means an agency in any branch of
23	23	state government.
24	24	Sec. 656.152. CRIMINAL HISTORY ON EMPLOYMENT APPLICATION.
25	25	A state agency may not include a question regarding an applicant's
26	26	criminal history record information on an initial employment
27	27	application form.
28	28	Sec. 656.153. CONFIDENTIALITY OF CRIMINAL HISTORY RECORD
29	29	INFORMATION. Notwithstanding Section 411.0765, an applicant's
30	30	criminal history record information collected by a state agency as
31	31	part of the application review process, if any, is confidential and
32	32	may not be disclosed by the state agency.
33	33	Sec. 656.154. CONSIDERATION OF CRIMINAL HISTORY RECORD
34	34	INFORMATION. (a) A state agency may inquire into or consider an
35	35	applicant's criminal history record information after the agency
36	36	has determined that the applicant is otherwise qualified and has
37	37	conditionally offered the applicant employment.
38	38	(b) A state agency may not disqualify an applicant from
39	39	employment because of a prior criminal conviction unless:
40	40	(1) the criminal conviction directly relates to the
41	41	employment position sought by the applicant; or
42	42	(2) other law prohibits the applicant from employment
43	43	because of the type of criminal conviction.
44	44	(c) A state agency may not consider in the criminal history
45	45	record information or disqualify an applicant based on:
46	46	(1) an arrest that is not followed by an information or
47	47	indictment;
48	48	(2) a conviction that has been sealed or expunged; or
49	49	(3) a Class C misdemeanor or other misdemeanor
50	50	punishable by fine only.
51	51	Sec. 656.155. FACTORS IN DETERMINING WHETHER CONVICTION
52	52	RELATES TO EMPLOYMENT POSITION. In determining whether a criminal
53	53	conviction directly relates to an employment position under Section
54	54	656.154(b)(1), the state agency shall consider:
55	55	(1) whether the criminal conviction is directly
56	56	related to the duties and responsibilities of the employment
57	57	position;
58	58	(2) the extent to which employment might offer an
59	59	opportunity to engage in further criminal activity of the same type
60	60	as that for which the person was convicted;
61	61	(3) whether circumstances leading to the conduct for
62	62	which the person was convicted will recur in the employment
63	63	position; and
64	64	(4) the amount of time that has elapsed since the
65	65	applicant's last criminal conviction.
66	66	Sec. 656.156. NOTICE OF INTENT TO DENY EMPLOYMENT. Before
67	67	denying an applicant employment based on the applicant's criminal
68	68	history record information, a state agency must notify the
69	69	applicant in writing of the state agency's intent to deny the
70	70	applicant an employment position because of the applicant's
71	71	criminal history. The state agency must:
72	72	(1) identify the criminal conviction that is the basis
73	73	for the potential denial or disqualification;
74	74	(2) provide to the applicant a copy of the applicant's
75	75	criminal history record information; and
76	76	(3) provide examples of evidence of mitigation or
77	77	rehabilitation that the applicant may voluntarily provide under
78	78	Section 656.157.
79	79	Sec. 656.157. EVIDENCE OF APPLICANT'S REHABILITATION. A
80	80	state agency may not initially disqualify an applicant from an
81	81	employment position because of a criminal conviction directly
82	82	relating to the employment position if, not later than the 10th day
83	83	after the date the state agency notified the applicant under
84	84	Section 656.156 of the state agency's intent to deny employment,
85	85	the applicant provides to the state agency evidence of:
86	86	(1) mitigation or rehabilitation, including evidence
87	87	that:
88	88	(A) at least one year has elapsed since the date
89	89	of the applicant's release from any correctional institution
90	90	without subsequent criminal convictions; and
91	91	(B) the applicant is in compliance with the
92	92	applicant's terms of probation or parole; and
93	93	(2) the applicant's fitness to perform the duties of
94	94	the employment position, including letters of recommendation.
95	95	Sec. 656.158. DENIAL OF EMPLOYMENT. A state agency shall
96	96	consider any information provided under Section 656.157 and make a
97	97	final employment decision based on an individualized assessment of
98	98	the information submitted by the applicant and the factors under
99	99	Section 656.155. A state agency that denies an applicant
100	100	employment after considering that information shall notify the
101	101	applicant in writing of:
102	102	(1) the final denial or disqualification;
103	103	(2) the appeals process established by the Texas
104	104	Workforce Commission under Section 656.160;
105	105	(3) potential eligibility of the applicant for other
106	106	employment; and
107	107	(4) the earliest date on which the applicant may
108	108	reapply for employment.
109	109	Sec. 656.159. RECORDS; REVIEW; COMPLAINTS. (a) A state
110	110	agency shall retain application forms, records of employment,
111	111	communications with applicants, and any other records related to
112	112	this subchapter until at least the third anniversary of the date of
113	113	filling an employment position subject to this subchapter.
114	114	(b) The Texas Workforce Commission shall be provided access
115	115	to records under Subsection (a) to monitor compliance with this
116	116	subchapter.
117	117	(c) Any person aggrieved by a state agency's violation of
118	118	this subchapter may file a complaint regarding the implementation
119	119	of, compliance with, and impact of this subchapter to the Texas
120	120	Workforce Commission. The Texas Workforce Commission shall keep a
121	121	record of reports made under this subsection.
122	122	(d) The Texas Workforce Commission shall:
123	123	(1) conduct periodic reviews of state agencies to
124	124	assess compliance with this subchapter;
125	125	(2) investigate and review complaints of violations of
126	126	this subchapter; and
127	127	(3) report quarterly on complaints, investigations,
128	128	and reviews.
129	129	Sec. 656.160. APPEAL. The Texas Workforce Commission shall
130	130	establish an appeals process for any complaints or grievances
131	131	concerning a violation of this subchapter.
132	132	Sec. 656.161. STATISTICS AND AUDITS. A state agency shall:
133	133	(1) maintain a record of the number of:
134	134	(A) employment positions, applicants, and
135	135	applicants conditionally offered employment for employment
136	136	positions requiring criminal history record information by the
137	137	state agency; and
138	138	(B) applicants with prior criminal convictions
139	139	who:
140	140	(i) were notified of the state agency's
141	141	intent to deny the applicant employment under Section 656.156;
142	142	(ii) provided evidence of mitigation or
143	143	rehabilitation under Section 656.157;
144	144	(iii) were notified of the state agency's
145	145	denial of employment under Section 656.158; or
146	146	(iv) were offered employment;
147	147	(2) regularly conduct an anonymous survey of employees
148	148	in employment positions not requiring criminal history record
149	149	information to determine the number of employees with prior
150	150	convictions; and
151	151	(3) conduct an audit of the state agency's hiring
152	152	practices in an effort to ensure that applicants with prior
153	153	criminal convictions are not unreasonably denied employment.
154	154	Sec. 656.162. EXEMPTIONS. This subchapter does not apply
155	155	to an applicant for a position:
156	156	(1) that involves the provision of services to or care
157	157	of children;
158	158	(2) that requires direct interaction with children; or
159	159	(3) for which consideration of criminal history record
160	160	information is otherwise required by law.
161	161	SECTION 2. Subtitle C, Title 5, Local Government Code, is
162	162	amended by adding Chapter 181 to read as follows:
163	163	CHAPTER 181. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION
164	164	Sec. 181.001. DEFINITIONS. In this chapter:
165	165	(1) "Applicant" means a person who has made an oral or
166	166	written application with an employer, or has sent a resume or other
167	167	correspondence to an employer, indicating an interest in
168	168	employment.
169	169	(2) "Criminal history record information" has the
170	170	meaning assigned by Section 411.082, Government Code.
171	171	(3) "Local government" means a county, municipality,
172	172	or other political subdivision of this state.
173	173	Sec. 181.002. CRIMINAL HISTORY ON EMPLOYMENT APPLICATION.
174	174	A local government may not include a question regarding an
175	175	applicant's criminal history record information on an initial
176	176	employment application form.
177	177	Sec. 181.003. CONFIDENTIALITY OF CRIMINAL HISTORY RECORD
178	178	INFORMATION. Notwithstanding Section 411.0765, Government Code,
179	179	an applicant's criminal history record information collected by a
180	180	local government as part of the application review process, if any,
181	181	is confidential and may not be disclosed by the local government.
182	182	Sec. 181.004. CONSIDERATION OF CRIMINAL HISTORY RECORD
183	183	INFORMATION. (a) A local government may inquire into or consider
184	184	an applicant's criminal history record information after the local
185	185	government has determined that the applicant is otherwise qualified
186	186	and has conditionally offered the applicant employment.
187	187	(b) A local government may not disqualify an applicant from
188	188	employment because of a prior criminal conviction unless:
189	189	(1) the criminal conviction directly relates to the
190	190	employment position sought by the applicant; or
191	191	(2) other law prohibits the applicant from employment
192	192	because of the type of criminal conviction.
193	193	(c) A local government may not consider in the criminal
194	194	history record information or disqualify an applicant based on:
195	195	(1) an arrest that is not followed by an information or
196	196	indictment;
197	197	(2) a conviction that has been sealed or expunged; or
198	198	(3) a Class C misdemeanor or other misdemeanor
199	199	punishable by fine only.
200	200	Sec. 181.005. FACTORS IN DETERMINING WHETHER CONVICTION
201	201	RELATES TO EMPLOYMENT POSITION. In determining whether a criminal
202	202	conviction directly relates to an employment position under Section
203	203	181.004(b)(1), a local government shall consider:
204	204	(1) whether the criminal conviction is directly
205	205	related to the duties and responsibilities of the employment
206	206	position;
207	207	(2) the extent to which employment might offer an
208	208	opportunity to engage in further criminal activity of the same type
209	209	as that for which the person was convicted;
210	210	(3) whether circumstances leading to the conduct for
211	211	which the person was convicted will recur in the employment
212	212	position; and
213	213	(4) the amount of time that has elapsed since the
214	214	applicant's last criminal conviction.
215	215	Sec. 181.006. NOTICE OF INTENT TO DENY EMPLOYMENT. Before
216	216	denying an applicant employment based on the applicant's criminal
217	217	history record information, a local government must notify the
218	218	applicant in writing of the local government's intent to deny the
219	219	applicant employment because of the applicant's criminal history.
220	220	The local government must:
221	221	(1) identify the criminal conviction that is the basis
222	222	for the potential denial or disqualification;
223	223	(2) provide to the applicant a copy of the applicant's
224	224	criminal history record information; and
225	225	(3) provide examples of evidence of mitigation or
226	226	rehabilitation that the applicant may voluntarily provide under
227	227	Section 181.007.
228	228	Sec. 181.007. EVIDENCE OF APPLICANT'S REHABILITATION. A
229	229	local government may not initially disqualify an applicant from an
230	230	employment position because of a criminal conviction directly
231	231	relating to the employment position if, not later than the 10th day
232	232	after the date the local government notified the applicant under
233	233	Section 181.006 of the local government's intent to deny
234	234	employment, the applicant provides to the local government evidence
235	235	of:
236	236	(1) mitigation or rehabilitation, including evidence
237	237	that:
238	238	(A) at least one year has elapsed since the date
239	239	of the applicant's release from any correctional institution
240	240	without subsequent criminal convictions; and
241	241	(B) the applicant is in compliance with the
242	242	applicant's terms of probation or parole; and
243	243	(2) the applicant's fitness to perform the duties of
244	244	the employment position, including letters of recommendation.
245	245	Sec. 181.008. DENIAL OF EMPLOYMENT. A local government
246	246	shall consider any information provided under Section 181.007 and
247	247	make a final employment decision based on an individualized
248	248	assessment of the information submitted by the applicant and the
249	249	factors under Section 181.005. A local government that denies an
250	250	applicant employment after considering that information shall
251	251	notify the applicant in writing of:
252	252	(1) the final denial or disqualification;
253	253	(2) the appeals process established by the Texas
254	254	Workforce Commission under Section 181.010;
255	255	(3) potential eligibility of the applicant for other
256	256	employment; and
257	257	(4) the earliest date on which the applicant may
258	258	reapply for employment.
259	259	Sec. 181.009. RECORDS; REVIEW; COMPLAINTS. (a) A local
260	260	government shall retain application forms, records of employment,
261	261	communications with applicants, and any other records related to
262	262	this chapter until at least the third anniversary of the date of
263	263	filling an employment position subject to this chapter.
264	264	(b) The Texas Workforce Commission shall be provided access
265	265	to records under Subsection (a) to monitor compliance with this
266	266	chapter.
267	267	(c) Any person aggrieved by a local government's violation
268	268	of this chapter may file a complaint regarding the implementation
269	269	of, compliance with, and impact of this chapter to the Texas
270	270	Workforce Commission. The Texas Workforce Commission shall keep a
271	271	record of reports made under this subsection.
272	272	(d) The Texas Workforce Commission shall:
273	273	(1) conduct periodic reviews of local governments to
274	274	assess compliance with this chapter;
275	275	(2) investigate and review complaints of violations of
276	276	this chapter; and
277	277	(3) report quarterly on complaints, investigations,
278	278	and reviews.
279	279	Sec. 181.010. APPEAL. The Texas Workforce Commission shall
280	280	establish an appeals process for any complaints or grievances
281	281	concerning a violation of this chapter.
282	282	Sec. 181.011. STATISTICS AND AUDITS. A local government
283	283	shall:
284	284	(1) maintain a record of the number of:
285	285	(A) employment positions, applicants, and
286	286	applicants conditionally offered employment for employment
287	287	positions requiring criminal history record information by the
288	288	local government; and
289	289	(B) applicants with prior criminal convictions
290	290	who:
291	291	(i) were notified of the local government's
292	292	intent to deny the applicant employment under Section 181.006;
293	293	(ii) provided evidence of mitigation or
294	294	rehabilitation under Section 181.007;
295	295	(iii) were notified of the local
296	296	government's final denial of employment under Section 181.008; or
297	297	(iv) were offered employment;
298	298	(2) regularly conduct an anonymous survey of employees
299	299	in employment positions not requiring criminal history record
300	300	information to determine the number of employees with prior
301	301	convictions; and
302	302	(3) conduct an audit of the local government's hiring
303	303	practices in an effort to ensure that applicants with prior
304	304	criminal convictions are not unreasonably denied employment.
305	305	Sec. 181.012. EXEMPTIONS. This chapter does not apply to an
306	306	applicant for a position:
307	307	(1) that involves the provision of services to or care
308	308	of children;
309	309	(2) that requires direct interaction with children; or
310	310	(3) for which consideration of criminal history record
311	311	information is otherwise required by law.
312	312	SECTION 3. Subchapter A, Chapter 53, Occupations Code, is
313	313	amended by adding Sections 53.004, 53.005, and 53.006 to read as
314	314	follows:
315	315	Sec. 53.004. DISCLOSURE OF CRIMINAL HISTORY RECORD
316	316	INFORMATION PROHIBITED. A state agency that issues a license that
317	317	obtains in connection with the licensing process any criminal
318	318	history record information regarding a license applicant or license
319	319	holder may not disclose or otherwise use the information, except as
320	320	allowed by law.
321	321	Sec. 53.005. CONSIDERATION OF CRIMINAL HISTORY RECORD
322	322	INFORMATION. A state agency that issues a license may not inquire
323	323	into or consider an applicant's criminal history record information
324	324	until after the state agency has determined that the applicant is
325	325	otherwise qualified for the license.
326	326	Sec. 53.006. CRIMINAL HISTORY ON LICENSE APPLICATION.
327	327	Notwithstanding any other law, an application for a license may not
328	328	include a question regarding an applicant's criminal history record
329	329	information.
330	330	SECTION 4. Sections 53.021(a) and (a-1), Occupations Code,
331	331	are amended to read as follows:
332	332	(a) Except as provided by Subsection (b) and subject
333	333	[Subject] to Section 53.0231, a licensing authority may not suspend
334	334	or revoke a license, disqualify a person from receiving a license,
335	335	or deny to a person the opportunity to take a licensing examination
336	336	on the grounds that the person has been convicted of an offense,
337	337	unless the offense:
338	338	(1) [an offense that] directly relates to the duties
339	339	and responsibilities of the licensed occupation; or
340	340	(2) by law disqualifies the person from obtaining
341	341	employment in the occupation for which the license is required [an
342	342	offense listed in Article 42A.054, Code of Criminal Procedure; or
343	343	[(3) a sexually violent offense, as defined by Article
344	344	62.001, Code of Criminal Procedure].
345	345	(a-1) A licensing authority may not consider a person to
346	346	have been convicted of an offense for purposes of this section if
347	347	the conviction:
348	348	(1) is for an offense punishable by fine only
349	349	[Subsection (a) does not apply to a person who has been convicted
350	350	only of an offense punishable as a Class C misdemeanor] unless:
351	351	(A) [(1)] the person is an applicant for or the
352	352	holder of a license that authorizes the person to possess a firearm;
353	353	and
354	354	(B) [(2)] the offense for which the person was
355	355	convicted is a misdemeanor crime of domestic violence as that term
356	356	is defined by 18 U.S.C. Section 921; or
357	357	(2) has been sealed or expunged.
358	358	SECTION 5. Sections 51.356 and 53.021(c), (d), and (e),
359	359	Occupations Code, are repealed.
360	360	SECTION 6. (a) Subchapter E, Chapter 656, Government Code,
361	361	and Chapter 181, Local Government Code, as added by this Act, apply
362	362	only to an application for employment submitted on or after the
363	363	effective date of this Act.
364	364	(b) The changes in law made by this Act to Chapter 53,
365	365	Occupations Code, apply only to an application for a license or
366	366	other authorization that is filed, or a proceeding to revoke or
367	367	suspend a license or authorization that is commenced, on or after
368	368	the effective date of this Act.
369	369	SECTION 7. This Act takes effect September 1, 2025.