Bill Text: TX HB2542 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to considering criminal history in employment decisions; providing an administrative penalty.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB2542 Detail]
Download: Texas-2021-HB2542-Comm_Sub.html
87R3542 JSC-F | ||
By: Rose, Reynolds, Bucy | H.B. No. 2542 |
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relating to considering criminal history in employment decisions; | ||
providing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 3, Labor Code, is amended by adding Chapter | ||
106 to read as follows: | ||
CHAPTER 106. CRIMINAL HISTORY CONSIDERATION IN | ||
EMPLOYMENT DECISIONS | ||
Sec. 106.001. DEFINITIONS. In this chapter: | ||
(1) "Adverse action" means a refusal to hire, a | ||
refusal to promote, or the revocation of an offer of employment or | ||
promotion. | ||
(2) "Application" means a written or oral expression | ||
of interest in an employment position by an individual made in | ||
compliance with the employer's established criteria for receiving | ||
expressions of interest. | ||
(3) "Commission" means the Texas Workforce | ||
Commission. | ||
(4) "Conditional employment offer" means an oral or | ||
written offer by an employer to employ an individual in an | ||
employment position, or a classification or referral by an | ||
employment agency or labor union, that may be conditioned on: | ||
(A) the employer's evaluation of the individual's | ||
criminal history; or | ||
(B) any preemployment medical examination | ||
authorized under the Americans with Disabilities Act (42 U.S.C. | ||
Section 12101 et seq.). | ||
(5) "Criminal history" means information collected | ||
about an individual by a criminal justice agency that consists of | ||
identifiable descriptions and notations of arrests, detentions, | ||
indictments, informations, and other formal criminal charges and | ||
their disposition. The term does not include a record pertaining to | ||
a misdemeanor punishable by fine only. | ||
(6) "Employer" means a person who employs at least 15 | ||
individuals in this state for each working day in at least 20 or | ||
more calendar weeks in the current or preceding calendar year. The | ||
term does not include a governmental body as defined by Section | ||
552.003, Government Code. | ||
(7) "Employment" means to work for an employer for pay | ||
and includes full-time work, part-time work, temporary or seasonal | ||
work, contract work, casual or contingent work, work through the | ||
services of a temporary or other employment agency, and | ||
participation in a vocational, apprenticeship, or educational | ||
training program. | ||
(8) "Employment agency" and "labor organization" have | ||
the meanings assigned by Section 21.002. | ||
Sec. 106.002. APPLICABILITY. This chapter does not apply | ||
to an employment position for which an individual may be | ||
disqualified based on the individual's criminal history under a | ||
federal, state, or local law or in compliance with a legally | ||
mandated insurance or bond requirement. | ||
Sec. 106.003. INDIVIDUAL ASSESSMENT. An employer may | ||
evaluate an individual's suitability for an employment position by | ||
performing an assessment of the individual's criminal history. The | ||
assessment performed under this section must include an evaluation | ||
of the: | ||
(1) nature and gravity of any offense in the | ||
individual's criminal history; | ||
(2) length of time that has elapsed since the date: | ||
(A) the offense was committed; and | ||
(B) the individual fully discharged the | ||
individual's sentence; and | ||
(3) nature and duties of the employment position for | ||
which the individual has applied. | ||
Sec. 106.004. FAIR CHANCE HIRING PRACTICES. (a) An | ||
employer may not publish or cause to be published information about | ||
an employment position that states or implies that an individual's | ||
criminal history automatically disqualifies the individual from | ||
consideration for the position. | ||
(b) An employer may not solicit or otherwise inquire about | ||
the criminal history of an individual in an application for an | ||
employment position. | ||
(c) An employer may not solicit criminal history record | ||
information about an individual or consider an individual's | ||
criminal history unless the employer has first made a conditional | ||
employment offer to the individual. An employer may explain to an | ||
applicant, in writing, the assessment system under Section 106.003 | ||
that the employer uses to consider criminal history. | ||
(d) An employer may not refuse to make a conditional | ||
employment offer to an individual solely because the individual did | ||
not provide criminal history record information before an offer was | ||
made. | ||
(e) An employer may not take an adverse action against an | ||
individual because of the individual's criminal history unless the | ||
employer has determined that the individual is unsuitable for the | ||
employment position based on an assessment conducted by the | ||
employer under Section 106.003. | ||
(f) An employer who takes an adverse action against an | ||
individual based on the individual's criminal history shall inform | ||
the individual in writing that the adverse action was based on the | ||
individual's criminal history. | ||
Sec. 106.005. EMPLOYMENT AGENCIES AND LABOR ORGANIZATIONS. | ||
An employment agency or labor organization may solicit criminal | ||
history record information about an individual and make an | ||
assessment of an individual's criminal history only after the | ||
employment agency or labor organization has identified an | ||
employment position for which the employment agency or labor | ||
organization intends to classify or refer the individual. | ||
Sec. 106.006. COMMISSION DUTIES. (a) The commission | ||
shall: | ||
(1) administer this chapter; and | ||
(2) adopt rules as necessary to implement this | ||
chapter. | ||
(b) The commission may require reports, conduct | ||
investigations, and take other action the commission considers | ||
necessary to implement this chapter. | ||
Sec. 106.007. ADMINISTRATIVE PENALTY. (a) The commission | ||
may assess an administrative penalty against an employer in an | ||
amount not to exceed $500 for each employment position posting or | ||
adverse action that violates this chapter. | ||
(b) On an employer's first violation, the commission may | ||
issue a warning notice to the employer in lieu of assessing the | ||
administrative penalty and provide training materials to the | ||
employer about compliance with this chapter. | ||
SECTION 2. (a) In this section, "adverse action" and | ||
"employer" have the meanings assigned by Section 106.001, Labor | ||
Code, as added by this Act. | ||
(b) The changes in law made by this Act apply only to an | ||
adverse action taken by an employer on or after the effective date | ||
of this Act. An adverse action taken before that date is governed | ||
by the law in effect on the date the action was taken, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |