Bill Text: TX SB1976 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the consideration of criminal history record information of applicants for public employment or an occupational license.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-21 - Referred to Business & Commerce [SB1976 Detail]

Download: Texas-2023-SB1976-Introduced.html

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88R12341 LRM-D
By: Miles S.B. No. 1976

A BILL TO BE ENTITLED
AN ACT
relating to the consideration of criminal history record
information of applicants for public employment or an occupational
license.
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. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION
Sec. 656.151. DEFINITIONS. In this subchapter:
(1) "Applicant" means a person who has made an oral or
written application with an employer, or has sent a resume or other
correspondence to an employer, indicating an interest in
employment.
(2) "Criminal history record information" has the
meaning assigned by Section 411.082.
(3) "State agency" means an agency in any branch of
state government.
Sec. 656.152. CRIMINAL HISTORY ON EMPLOYMENT APPLICATION.
A state agency may not include a question regarding an applicant's
criminal history record information on an initial employment
application form.
Sec. 656.153. CONFIDENTIALITY OF CRIMINAL HISTORY RECORD
INFORMATION. Notwithstanding Section 411.0765, an applicant's
criminal history record information collected by a state agency as
part of the application review process, if any, is confidential and
may not be disclosed by the state agency.
Sec. 656.154. CONSIDERATION OF CRIMINAL HISTORY RECORD
INFORMATION. (a) A state agency may inquire into or consider an
applicant's criminal history record information after the agency
has determined that the applicant is otherwise qualified and has
conditionally offered the applicant employment.
(b) A state agency may not disqualify an applicant from
employment because of a prior criminal conviction unless:
(1) the criminal conviction directly relates to the
employment position sought by the applicant; or
(2) other law prohibits the applicant from employment
because of the type of criminal conviction.
(c) A state agency may not consider in the criminal history
record information or disqualify an applicant based on:
(1) an arrest that is not followed by an information or
indictment;
(2) a conviction that has been sealed or expunged; or
(3) a Class C misdemeanor or other misdemeanor
punishable by fine only.
Sec. 656.155. FACTORS IN DETERMINING WHETHER CONVICTION
RELATES TO EMPLOYMENT POSITION. In determining whether a criminal
conviction directly relates to an employment position under Section
656.154(b)(1), the state agency shall consider:
(1) whether the criminal conviction is directly
related to the duties and responsibilities of the employment
position;
(2) the extent to which employment might offer an
opportunity to engage in further criminal activity of the same type
as that for which the person was convicted;
(3) whether circumstances leading to the conduct for
which the person was convicted will recur in the employment
position; and
(4) the amount of time that has elapsed since the
applicant's last criminal conviction.
Sec. 656.156. NOTICE OF INTENT TO DENY EMPLOYMENT. Before
denying an applicant employment based on the applicant's criminal
history record information, a state agency must notify the
applicant in writing of the state agency's intent to deny the
applicant an employment position because of the applicant's
criminal history. The state agency must:
(1) identify the criminal conviction that is the basis
for the potential denial or disqualification;
(2) provide to the applicant a copy of the applicant's
criminal history record information; and
(3) provide examples of evidence of mitigation or
rehabilitation that the applicant may voluntarily provide under
Section 656.157.
Sec. 656.157. EVIDENCE OF APPLICANT'S REHABILITATION. A
state agency may not initially disqualify an applicant from an
employment position because of a criminal conviction directly
relating to the employment position if, not later than the 10th day
after the date the state agency notified the applicant under
Section 656.156 of the state agency's intent to deny employment,
the applicant provides to the state agency evidence of:
(1) mitigation or rehabilitation, including evidence
that:
(A) at least one year has elapsed since the date
of the applicant's release from any correctional institution
without subsequent criminal convictions; and
(B) the applicant is in compliance with the
applicant's terms of probation or parole; and
(2) the applicant's fitness to perform the duties of
the employment position, including letters of recommendation.
Sec. 656.158. DENIAL OF EMPLOYMENT. A state agency shall
consider any information provided under Section 656.157 and make a
final employment decision based on an individualized assessment of
the information submitted by the applicant and the factors under
Section 656.155. A state agency that denies an applicant
employment after considering that information shall notify the
applicant in writing of:
(1) the final denial or disqualification;
(2) the appeals process established by the Texas
Workforce Commission under Section 656.160;
(3) potential eligibility of the applicant for other
employment; and
(4) the earliest date on which the applicant may
reapply for employment.
Sec. 656.159. RECORDS; REVIEW; COMPLAINTS. (a) A state
agency shall retain application forms, records of employment,
communications with applicants, and any other records related to
this subchapter until at least the third anniversary of the date of
filling an employment position subject to this subchapter.
(b) The Texas Workforce Commission shall be provided access
to records under Subsection (a) to monitor compliance with this
subchapter.
(c) Any person aggrieved by a state agency's violation of
this subchapter may file a complaint regarding the implementation
of, compliance with, and impact of this subchapter to the Texas
Workforce Commission. The Texas Workforce Commission shall keep a
record of reports made under this subsection.
(d) The Texas Workforce Commission shall:
(1) conduct periodic reviews of state agencies to
assess compliance with this subchapter;
(2) investigate and review complaints of violations of
this subchapter; and
(3) report quarterly on complaints, investigations,
and reviews.
Sec. 656.160. APPEAL. The Texas Workforce Commission shall
establish an appeals process for any complaints or grievances
concerning a violation of this subchapter.
Sec. 656.161. STATISTICS AND AUDITS. A state agency shall:
(1) maintain a record of the number of:
(A) employment positions, applicants, and
applicants conditionally offered employment for employment
positions requiring criminal history record information by the
state agency; and
(B) applicants with prior criminal convictions
who:
(i) were notified of the state agency's
intent to deny the applicant employment under Section 656.156;
(ii) provided evidence of mitigation or
rehabilitation under Section 656.157;
(iii) were notified of the state agency's
denial of employment under Section 656.158; or
(iv) were offered employment;
(2) regularly conduct an anonymous survey of employees
in employment positions not requiring criminal history record
information to determine the number of employees with prior
convictions; and
(3) conduct an audit of the state agency's hiring
practices in an effort to ensure that applicants with prior
criminal convictions are not unreasonably denied employment.
Sec. 656.162. EXEMPTIONS. This subchapter does not apply
to an applicant for a position:
(1) that involves the provision of services to or care
of children;
(2) that requires direct interaction with children; or
(3) for which consideration of criminal history record
information is otherwise required by law.
SECTION 2. Subtitle C, Title 5, Local Government Code, is
amended by adding Chapter 181 to read as follows:
CHAPTER 181. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION
Sec. 181.001. DEFINITIONS. In this chapter:
(1) "Applicant" means a person who has made an oral or
written application with an employer, or has sent a resume or other
correspondence to an employer, indicating an interest in
employment.
(2) "Criminal history record information" has the
meaning assigned by Section 411.082, Government Code.
(3) "Local government" means a county, municipality,
or other political subdivision of this state.
Sec. 181.002. CRIMINAL HISTORY ON EMPLOYMENT APPLICATION.
A local government may not include a question regarding an
applicant's criminal history record information on an initial
employment application form.
Sec. 181.003. CONFIDENTIALITY OF CRIMINAL HISTORY RECORD
INFORMATION. Notwithstanding Section 411.0765, Government Code,
an applicant's criminal history record information collected by a
local government as part of the application review process, if any,
is confidential and may not be disclosed by the local government.
Sec. 181.004. CONSIDERATION OF CRIMINAL HISTORY RECORD
INFORMATION. (a) A local government may inquire into or consider
an applicant's criminal history record information after the local
government has determined that the applicant is otherwise qualified
and has conditionally offered the applicant employment.
(b) A local government may not disqualify an applicant from
employment because of a prior criminal conviction unless:
(1) the criminal conviction directly relates to the
employment position sought by the applicant; or
(2) other law prohibits the applicant from employment
because of the type of criminal conviction.
(c) A local government may not consider in the criminal
history record information or disqualify an applicant based on:
(1) an arrest that is not followed by an information or
indictment;
(2) a conviction that has been sealed or expunged; or
(3) a Class C misdemeanor or other misdemeanor
punishable by fine only.
Sec. 181.005. FACTORS IN DETERMINING WHETHER CONVICTION
RELATES TO EMPLOYMENT POSITION. In determining whether a criminal
conviction directly relates to an employment position under Section
181.004(b)(1), a local government shall consider:
(1) whether the criminal conviction is directly
related to the duties and responsibilities of the employment
position;
(2) the extent to which employment might offer an
opportunity to engage in further criminal activity of the same type
as that for which the person was convicted;
(3) whether circumstances leading to the conduct for
which the person was convicted will recur in the employment
position; and
(4) the amount of time that has elapsed since the
applicant's last criminal conviction.
Sec. 181.006. NOTICE OF INTENT TO DENY EMPLOYMENT. Before
denying an applicant employment based on the applicant's criminal
history record information, a local government must notify the
applicant in writing of the local government's intent to deny the
applicant employment because of the applicant's criminal history.
The local government must:
(1) identify the criminal conviction that is the basis
for the potential denial or disqualification;
(2) provide to the applicant a copy of the applicant's
criminal history record information; and
(3) provide examples of evidence of mitigation or
rehabilitation that the applicant may voluntarily provide under
Section 181.007.
Sec. 181.007. EVIDENCE OF APPLICANT'S REHABILITATION. A
local government may not initially disqualify an applicant from an
employment position because of a criminal conviction directly
relating to the employment position if, not later than the 10th day
after the date the local government notified the applicant under
Section 181.006 of the local government's intent to deny
employment, the applicant provides to the local government evidence
of:
(1) mitigation or rehabilitation, including evidence
that:
(A) at least one year has elapsed since the date
of the applicant's release from any correctional institution
without subsequent criminal convictions; and
(B) the applicant is in compliance with the
applicant's terms of probation or parole; and
(2) the applicant's fitness to perform the duties of
the employment position, including letters of recommendation.
Sec. 181.008. DENIAL OF EMPLOYMENT. A local government
shall consider any information provided under Section 181.007 and
make a final employment decision based on an individualized
assessment of the information submitted by the applicant and the
factors under Section 181.005. A local government that denies an
applicant employment after considering that information shall
notify the applicant in writing of:
(1) the final denial or disqualification;
(2) the appeals process established by the Texas
Workforce Commission under Section 181.010;
(3) potential eligibility of the applicant for other
employment; and
(4) the earliest date on which the applicant may
reapply for employment.
Sec. 181.009. RECORDS; REVIEW; COMPLAINTS. (a) A local
government shall retain application forms, records of employment,
communications with applicants, and any other records related to
this chapter until at least the third anniversary of the date of
filling an employment position subject to this chapter.
(b) The Texas Workforce Commission shall be provided access
to records under Subsection (a) to monitor compliance with this
chapter.
(c) Any person aggrieved by a local government's violation
of this chapter may file a complaint regarding the implementation
of, compliance with, and impact of this chapter to the Texas
Workforce Commission. The Texas Workforce Commission shall keep a
record of reports made under this subsection.
(d) The Texas Workforce Commission shall:
(1) conduct periodic reviews of local governments to
assess compliance with this chapter;
(2) investigate and review complaints of violations of
this chapter; and
(3) report quarterly on complaints, investigations,
and reviews.
Sec. 181.010. APPEAL. The Texas Workforce Commission shall
establish an appeals process for any complaints or grievances
concerning a violation of this chapter.
Sec. 181.011. STATISTICS AND AUDITS. A local government
shall:
(1) maintain a record of the number of:
(A) employment positions, applicants, and
applicants conditionally offered employment for employment
positions requiring criminal history record information by the
local government; and
(B) applicants with prior criminal convictions
who:
(i) were notified of the local government's
intent to deny the applicant employment under Section 181.006;
(ii) provided evidence of mitigation or
rehabilitation under Section 181.007;
(iii) were notified of the local
government's final denial of employment under Section 181.008; or
(iv) were offered employment;
(2) regularly conduct an anonymous survey of employees
in employment positions not requiring criminal history record
information to determine the number of employees with prior
convictions; and
(3) conduct an audit of the local government's hiring
practices in an effort to ensure that applicants with prior
criminal convictions are not unreasonably denied employment.
Sec. 181.012. EXEMPTIONS. This chapter does not apply to an
applicant for a position:
(1) that involves the provision of services to or care
of children;
(2) that requires direct interaction with children; or
(3) for which consideration of criminal history record
information is otherwise required by law.
SECTION 3. Subchapter A, Chapter 53, Occupations Code, is
amended by adding Sections 53.004, 53.005, and 53.006 to read as
follows:
Sec. 53.004. DISCLOSURE OF CRIMINAL HISTORY RECORD
INFORMATION PROHIBITED. A state agency that issues a license that
obtains in connection with the licensing process any criminal
history record information regarding a license applicant or license
holder may not disclose or otherwise use the information, except as
allowed by law.
Sec. 53.005. CONSIDERATION OF CRIMINAL HISTORY RECORD
INFORMATION. A state agency that issues a license may not inquire
into or consider an applicant's criminal history record information
until after the state agency has determined that the applicant is
otherwise qualified for the license.
Sec. 53.006. CRIMINAL HISTORY ON LICENSE APPLICATION.
Notwithstanding any other law, an application for a license may not
include a question regarding an applicant's criminal history record
information.
SECTION 4. Sections 53.021(a) and (a-1), Occupations Code,
are amended to read as follows:
(a) Except as provided by Subsection (b) and subject
[Subject] to Section 53.0231, a licensing authority may not suspend
or revoke a license, disqualify a person from receiving a license,
or deny to a person the opportunity to take a licensing examination
on the grounds that the person has been convicted of an offense,
unless the offense:
(1) [an offense that] directly relates to the duties
and responsibilities of the licensed occupation; or
(2) by law disqualifies the person from obtaining
employment in the occupation for which the license is required [an
offense listed in Article 42A.054, Code of Criminal Procedure; or
[(3) a sexually violent offense, as defined by Article
62.001, Code of Criminal Procedure].
(a-1) A licensing authority may not consider a person to
have been convicted of an offense for purposes of this section if
the conviction:
(1) is for an offense punishable by fine only
[Subsection (a) does not apply to a person who has been convicted
only of an offense punishable as a Class C misdemeanor] unless:
(A) [(1)] the person is an applicant for or the
holder of a license that authorizes the person to possess a firearm;
and
(B) [(2)] the offense for which the person was
convicted is a misdemeanor crime of domestic violence as that term
is defined by 18 U.S.C. Section 921; or
(2) has been sealed or expunged.
SECTION 5. Sections 51.356 and 53.021(c), (d), and (e),
Occupations Code, are repealed.
SECTION 6. (a) Subchapter E, Chapter 656, Government Code,
and Chapter 181, Local Government Code, as added by this Act, apply
only to an application for employment submitted on or after the
effective date of this Act.
(b) The changes in law made by this Act to Chapter 53,
Occupations Code, apply only to an application for a license or
other authorization that is filed, or a proceeding to revoke or
suspend a license or authorization that is commenced, on or after
the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2023.