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A BILL TO BE ENTITLED
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AN ACT
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relating to a review of occupational licensing requirements and an |
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applicant's criminal history. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. REVIEW OF OCCUPATIONAL LICENSING ELIGIBILITY |
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REQUIREMENTS RELATED TO CRIMINAL HISTORY; REPORT. (a) In this |
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section: |
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(1) "License" means a license, certificate, |
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registration, permit, or other authorization that: |
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(A) is issued by a licensing authority; and |
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(B) an individual must obtain to practice or |
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engage in a particular business, occupation, or profession. |
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(2) "Licensing authority" means a department, |
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commission, board, or other agency of the state that issues a |
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license. |
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(b) Each licensing authority shall, for each license issued |
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by the authority that has an eligibility requirement related to an |
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applicant's criminal history, review the requirement and make a |
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recommendation regarding whether the requirement should be |
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retained, modified, or repealed. |
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(c) Not later than December 1, 2018, each licensing |
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authority shall submit a report on the results of the authority's |
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review to the lieutenant governor, the speaker of the house of |
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representatives, and each member of the legislature and include the |
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authority's recommendations. |
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(d) This section expires January 1, 2019. |
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SECTION 2. REGULATIONS INVOLVING CONSIDERATION OF CRIMINAL |
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HISTORY OF EMPLOYMENT APPLICANT OR EMPLOYEE. Title 3, Labor Code, |
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is amended by adding Chapter 106 to read as follows: |
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CHAPTER 106. CRIMINAL HISTORY RECORD INFORMATION OF EMPLOYMENT |
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APPLICANT OR EMPLOYEE |
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Sec. 106.001. DEFINITIONS. In this chapter: |
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(1) "Applicant" means a person who has made an oral or |
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written application with a private employer, or has sent a resume or |
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other correspondence to a private employer, indicating an interest |
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in employment. |
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(2) "Criminal history record information" means |
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information collected by a criminal justice agency about a person's |
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arrests, detentions, and criminal charges and the dispositions of |
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those criminal charges. |
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Sec. 106.002. CERTAIN LOCAL REGULATION OF PRIVATE EMPLOYERS |
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PROHIBITED. A political subdivision of this state may not adopt or |
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enforce any ordinance or other local regulation that prohibits, |
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limits, delays, or otherwise regulates a private employer's ability |
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to inquire about, request, consider, or take employment action |
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based on the criminal history record information of an applicant or |
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employee or criminal history provided by an applicant or employee. |
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Sec. 106.003. NONAPPLICABILITY. This chapter does not |
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prevent a political subdivision of this state from adopting or |
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enforcing an ordinance or other local regulation relating to the |
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access to or consideration of the criminal history record |
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information of an individual or criminal history provided by an |
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individual: |
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(1) entering into a contract or other agreement with |
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the political subdivision as it relates to hiring within the scope |
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of performance of duties under that contract or agreement; or |
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(2) receiving a grant from the political subdivision |
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as it relates to hiring within the scope of performance of duties |
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under that grant. |
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SECTION 3. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2017. |
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