Bill Text: TX HB577 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the authority of a political subdivision to adopt or enforce certain regulations regarding whether a private employer may obtain or consider an employment applicant's or employee's criminal history record information.
Spectrum: Partisan Bill (Republican 76-0)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB577 Detail]
Download: Texas-2017-HB577-Comm_Sub.html
85R13631 JSC-F | |||
By: Workman, Shine, Dale, Isaac, Villalba, | H.B. No. 577 | ||
et al. | |||
Substitute the following for H.B. No. 577: | |||
By: Oliveira | C.S.H.B. No. 577 |
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relating to the authority of a political subdivision to adopt or | ||
enforce certain regulations regarding whether a private employer | ||
may obtain or consider an employment applicant's or employee's | ||
criminal history record information. | ||
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 RECORD INFORMATION OF EMPLOYMENT | ||
APPLICANT OR EMPLOYEE | ||
Sec. 106.001. DEFINITIONS. In this chapter: | ||
(1) "Applicant" means a person who has made an oral or | ||
written application with a private employer, or has sent a resume or | ||
other correspondence to a private employer, indicating an interest | ||
in employment. | ||
(2) "Criminal history record information" means | ||
information collected by a criminal justice agency about a person's | ||
arrests, detentions, and criminal charges and the dispositions of | ||
those criminal charges. | ||
Sec. 106.002. CERTAIN LOCAL REGULATION OF PRIVATE EMPLOYERS | ||
PROHIBITED. A political subdivision of this state may not adopt or | ||
enforce any ordinance or other local regulation that prohibits, | ||
limits, delays, or otherwise regulates a private employer's ability | ||
to inquire about, request, consider, or take employment action | ||
based on the criminal history record information of an applicant or | ||
employee or criminal history provided by an applicant or employee. | ||
Sec. 106.003. NONAPPLICABILITY. This chapter does not | ||
prevent a political subdivision of this state from adopting or | ||
enforcing an ordinance or other local regulation relating to the | ||
access to or consideration of the criminal history record | ||
information of an individual or criminal history provided by an | ||
individual: | ||
(1) entering into a contract or other agreement with | ||
the political subdivision as it relates to hiring within the scope | ||
of performance of duties under that contract or agreement; or | ||
(2) receiving a grant from the political subdivision | ||
as it relates to hiring within the scope of performance of duties | ||
under that grant. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |