| 1 | 1 | | 89R16156 LRM-D |
|---|
| 2 | 2 | | By: Menéndez S.B. No. 2473 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the use of an automated employment decision tool by a |
|---|
| 10 | 10 | | state agency to assess a job applicant's fitness for a position. |
|---|
| 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. PROVISIONS REGARDING JOB APPLICANT SCREENING; USE OF |
|---|
| 15 | 15 | | AUTOMATED EMPLOYMENT DECISION TOOL |
|---|
| 16 | 16 | | Sec. 656.201. DEFINITIONS. In this subchapter: |
|---|
| 17 | 17 | | (1) "Algorithm" means a computerized procedure |
|---|
| 18 | 18 | | consisting of a set of steps used to accomplish a determined task. |
|---|
| 19 | 19 | | (2) "Applicant" means a person applying for a job |
|---|
| 20 | 20 | | offered by a state agency. |
|---|
| 21 | 21 | | (3) "Artificial intelligence system" means a system of |
|---|
| 22 | 22 | | machine learning and related technologies that use data to train |
|---|
| 23 | 23 | | statistical models for the purpose of enabling computer systems to |
|---|
| 24 | 24 | | perform tasks normally associated with human intelligence or |
|---|
| 25 | 25 | | perception, such as computer vision, speech or natural language |
|---|
| 26 | 26 | | processing, and content generation. |
|---|
| 27 | 27 | | (4) "Automated employment decision tool" means a |
|---|
| 28 | 28 | | computational process or software application that uses |
|---|
| 29 | 29 | | algorithms, machine learning, statistical modeling, data |
|---|
| 30 | 30 | | analytics, or an artificial intelligence system to assess an |
|---|
| 31 | 31 | | applicant's fitness for a position. |
|---|
| 32 | 32 | | (5) "State agency" has the meaning assigned by Section |
|---|
| 33 | 33 | | 656.021. |
|---|
| 34 | 34 | | Sec. 656.202. USE OF AUTOMATED EMPLOYMENT DECISION TOOL. A |
|---|
| 35 | 35 | | state agency may not use or deploy an automated employment decision |
|---|
| 36 | 36 | | tool in violation of this subchapter. |
|---|
| 37 | 37 | | Sec. 656.203. DISCLOSURE REQUIRED. A state agency may not |
|---|
| 38 | 38 | | use an automated employment decision tool in regard to an applicant |
|---|
| 39 | 39 | | unless the state agency: |
|---|
| 40 | 40 | | (1) notifies the applicant that an automated |
|---|
| 41 | 41 | | employment decision tool may be used to assess the applicant's |
|---|
| 42 | 42 | | fitness for the position; and |
|---|
| 43 | 43 | | (2) provides the applicant with information |
|---|
| 44 | 44 | | describing how the automated employment decision tool will be used |
|---|
| 45 | 45 | | to assess the applicant's fitness for the position, including what |
|---|
| 46 | 46 | | characteristics may be evaluated for that purpose. |
|---|
| 47 | 47 | | Sec. 656.204. DISCRIMINATION PROHIBITED. A state agency |
|---|
| 48 | 48 | | shall take measures to mitigate biases in any automated employment |
|---|
| 49 | 49 | | decision tool used or deployed by the state agency to ensure the |
|---|
| 50 | 50 | | tool does not discriminate on the basis of a state or federal |
|---|
| 51 | 51 | | protected class in violation of law. |
|---|
| 52 | 52 | | SECTION 2. This Act takes effect September 1, 2025. |
|---|