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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a political subdivision to adopt or |
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enforce certain regulations regarding whether a private employer |
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may obtain or consider an employment applicant's or employee's |
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criminal history record information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 3, Labor Code, is amended by adding Chapter |
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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 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |