Bill Text: TX HB1215 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to consideration of criminal history of applicants for public employment.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-16 - Referred to Business & Commerce [HB1215 Detail]
Download: Texas-2023-HB1215-Engrossed.html
88R18110 LRM-F | ||
By: Cook, Moody, Leach, Rosenthal, Anchía | H.B. No. 1215 |
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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 620 to read as follows: | ||
CHAPTER 620. CONSIDERATION OF CRIMINAL HISTORY OF APPLICANTS FOR | ||
PUBLIC EMPLOYMENT | ||
Sec. 620.001. 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. 620.002. 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. 620.003. 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, 2023. |