Bill Text: TX HB91 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a review of occupational licensing requirements and an applicant's criminal history.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-06-12 - Effective immediately [HB91 Detail]
Download: Texas-2017-HB91-Comm_Sub.html
Bill Title: Relating to a review of occupational licensing requirements and an applicant's criminal history.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-06-12 - Effective immediately [HB91 Detail]
Download: Texas-2017-HB91-Comm_Sub.html
By: White, et al. (Senate Sponsor - Huffman) | H.B. No. 91 | |
(In the Senate - Received from the House May 1, 2017; | ||
May 5, 2017, read first time and referred to Committee on Business & | ||
Commerce; May 21, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 6, Nays 2; | ||
May 21, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 91 | By: Campbell |
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relating to a review of occupational licensing requirements and an | ||
applicant's criminal history. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. REVIEW OF OCCUPATIONAL LICENSING ELIGIBILITY | ||
REQUIREMENTS RELATED TO CRIMINAL HISTORY; REPORT. (a) In this | ||
section: | ||
(1) "License" means a license, certificate, | ||
registration, permit, or other authorization that: | ||
(A) is issued by a licensing authority; and | ||
(B) an individual must obtain to practice or | ||
engage in a particular business, occupation, or profession. | ||
(2) "Licensing authority" means a department, | ||
commission, board, or other agency of the state that issues a | ||
license. | ||
(b) Each licensing authority shall, for each license issued | ||
by the authority that has an eligibility requirement related to an | ||
applicant's criminal history, review the requirement and make a | ||
recommendation regarding whether the requirement should be | ||
retained, modified, or repealed. | ||
(c) Not later than December 1, 2018, each licensing | ||
authority shall submit a report on the results of the authority's | ||
review to the lieutenant governor, the speaker of the house of | ||
representatives, and each member of the legislature and include the | ||
authority's recommendations. | ||
(d) This section expires January 1, 2019. | ||
SECTION 2. REGULATIONS INVOLVING CONSIDERATION OF CRIMINAL | ||
HISTORY OF EMPLOYMENT APPLICANT OR EMPLOYEE. 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 3. EFFECTIVE DATE. 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. | ||
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