89R1348 LRM-F
By: West S.B. No. 589
A BILL TO BE ENTITLED
AN ACT
relating to consideration of criminal history of applicants for
public employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 621 to read as follows:
CHAPTER 621. CONSIDERATION OF CRIMINAL HISTORY OF APPLICANTS FOR
PUBLIC EMPLOYMENT
Sec. 621.001. DEFINITION. In this chapter, "public
employer" means:
(1) a board, a commission, an office, a department, or
another agency in the executive, judicial, or legislative branch of
state government, including an institution of higher education, as
that term is defined by Section 61.003, Education Code; or
(2) a political subdivision of this state.
Sec. 621.002. NONAPPLICABILITY. This chapter does not
apply to:
(1) an independent school district; or
(2) any position with a law enforcement agency for
which a license is required under Chapter 1701, Occupations Code.
Sec. 621.003. CRIMINAL HISTORY OF APPLICANTS FOR PUBLIC
EMPLOYMENT. (a) Except as provided by Subsection (b), before
making a conditional offer of employment to an applicant, a public
employer may not:
(1) obtain criminal history record information
relating to the applicant; or
(2) ask the applicant to disclose orally or in writing
information regarding the applicant's criminal history, if any.
(b) Before making a conditional offer of employment, a
public employer may:
(1) notify the applicant for a position that certain
criminal convictions disqualify the applicant from consideration
for the position under law or the employer's written policy; or
(2) include a question on an initial employment
application form regarding whether an applicant has been convicted
of a criminal offense that would disqualify the applicant from
employment under law if the question is limited to offenses that
result in disqualification.
(c) This section does not prohibit a public employer from
obtaining criminal history record information after the public
employer has made a conditional offer of employment to an
applicant.
SECTION 2. The changes in law made by this Act apply only to
an employment application submitted on or after the effective date
of this Act. An employment application submitted before the
effective date of this Act is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.