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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of criminal history record |
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information regarding applicants for public employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 656, Government Code, is |
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amended by adding Section 656.002 to read as follows: |
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Sec. 656.002. CONSIDERATION OF CRIMINAL HISTORY RECORD |
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INFORMATION. (a) In this section: |
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(1) "Applicant" means a person who has made an oral or |
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written application with an employer, or has sent a resume or other |
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correspondence to an employer, indicating an interest in |
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employment. |
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(2) "Criminal history record information" has the |
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meaning assigned by Section 411.082. |
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(3) "State agency" means an agency in any branch of |
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state government. |
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(b) A state agency may not include a question regarding an |
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applicant's criminal history record information on an initial |
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employment application form. |
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(c) A state agency may inquire into or consider an |
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applicant's criminal history record information after the agency |
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has determined that the applicant is otherwise qualified and has |
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conditionally offered the applicant employment or has invited the |
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applicant to an interview. |
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(d) This section does not apply to an applicant for a |
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position: |
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(1) that involves the provision of services to or care |
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of children; |
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(2) that requires direct interaction with children; or |
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(3) for which consideration of criminal history record |
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information is otherwise required by law. |
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SECTION 2. Chapter 180, Local Government Code, is amended |
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by adding Section 180.008 to read as follows: |
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Sec. 180.008. CONSIDERATION OF EMPLOYMENT APPLICANT'S |
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CRIMINAL HISTORY RECORD INFORMATION. (a) In this section: |
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(1) "Applicant" means a person who has made an oral or |
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written application with an employer, or has sent a resume or other |
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correspondence to an employer, indicating an interest in |
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employment. |
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(2) "Criminal history record information" has the |
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meaning assigned by Section 411.082, Government Code. |
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(3) "Local government" means a county, municipality, |
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or other political subdivision of this state. |
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(b) A local government may not include a question regarding |
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an applicant's criminal history record information on an initial |
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employment application form. |
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(c) A local government may inquire into or consider an |
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applicant's criminal history record information after the local |
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government has determined that the applicant is otherwise qualified |
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and has conditionally offered the applicant employment or has |
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invited the applicant to an interview. |
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(d) This section does not apply to an applicant for a |
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position: |
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(1) that involves the provision of services to or care |
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of children; |
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(2) that requires direct interaction with children; or |
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(3) for which consideration of criminal history record |
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information is otherwise required by law. |
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SECTION 3. This Act takes effect September 1, 2015. |