Bill Text: TX HB68 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to notice concerning the use of criminal history information in an employer's hiring process.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-21 - Left pending in committee [HB68 Detail]
Download: Texas-2011-HB68-Introduced.html
| 82R1504 KCR-D | ||
| By: Martinez | H.B. No. 68 | |
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| relating to notice concerning the use of criminal history | ||
| information in an employer's hiring process. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 3, Labor Code, is amended by adding Chapter | ||
| 105 to read as follows: | ||
| CHAPTER 105. USE OF CRIMINAL HISTORY INFORMATION IN HIRING PROCESS | ||
| Sec. 105.001. 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) "Commission" means the Texas Workforce Commission | ||
| civil rights division. | ||
| (3) "Criminal history information" means information | ||
| collected about a person that consists of identifiable descriptions | ||
| and notations concerning the person's being arrested, detained by a | ||
| law enforcement agency, or indicted or otherwise formally charged | ||
| with a crime and the disposition, if any, of any arrest, detention, | ||
| or indictment or charge. The term does not include driving record | ||
| information maintained by the Department of Public Safety under | ||
| Subchapter C, Chapter 521, Transportation Code. | ||
| (4) "Employer" means a person who has one or more | ||
| employees or other individuals who perform services under a | ||
| contract of hire or service, whether express or implied, or written | ||
| or oral. | ||
| Sec. 105.002. EXPLANATION CONCERNING CRIMINAL HISTORY | ||
| INFORMATION CONCERNING APPLICANT. Not later than the 10th day | ||
| after the date an employer notifies an applicant that the employer | ||
| will not be making an offer of employment to the applicant based | ||
| wholly or partly on criminal history information concerning the | ||
| applicant, the employer shall provide the applicant a written | ||
| explanation containing: | ||
| (1) an identification of the specific arrest, | ||
| detention, indictment or charge, or disposition that influenced the | ||
| employer's decision to not make an offer of employment; and | ||
| (2) the entity from which the employer obtained the | ||
| criminal history information, including the name, mailing address, | ||
| and telephone number of the entity. | ||
| Sec. 105.003. RULES; ENFORCEMENT. (a) The commission | ||
| shall adopt rules prescribing the form of the explanation required | ||
| under Section 105.002. | ||
| (b) An applicant who does not receive the explanation | ||
| required under Section 105.002 may file a written, sworn complaint | ||
| with the commission. The commission shall review and resolve a | ||
| complaint filed under this subsection in the same manner as a | ||
| complaint concerning an unlawful employment practice filed under | ||
| Chapter 21. | ||
| SECTION 2. Chapter 105, Labor Code, as added by this Act, | ||
| applies only to a person who applies for employment or otherwise | ||
| indicates interest in employment on or after the effective date of | ||
| this Act. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
