89R16156 LRM-D
By: Menéndez S.B. No. 2473
A BILL TO BE ENTITLED
AN ACT
relating to the use of an automated employment decision tool by a
state agency to assess a job applicant's fitness for a position.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 656, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. PROVISIONS REGARDING JOB APPLICANT SCREENING; USE OF
AUTOMATED EMPLOYMENT DECISION TOOL
Sec. 656.201. DEFINITIONS. In this subchapter:
(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 a state agency.
(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) "State agency" has the meaning assigned by Section
656.021.
Sec. 656.202. USE OF AUTOMATED EMPLOYMENT DECISION TOOL. A
state agency may not use or deploy an automated employment decision
tool in violation of this subchapter.
Sec. 656.203. DISCLOSURE REQUIRED. A state agency may not
use an automated employment decision tool in regard to an applicant
unless the state agency:
(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. 656.204. DISCRIMINATION PROHIBITED. A state agency
shall take measures to mitigate biases in any automated employment
decision tool used or deployed by the state agency to ensure the
tool does not discriminate on the basis of a state or federal
protected class in violation of law.
SECTION 2. This Act takes effect September 1, 2025.