ban the box for public employers

The text as introduced · 394 words

89R1348 LRM-F

By: Cook
H.B. No. 3675

A BILL TO BE ENTITLED

AN ACT

relating to consideration of criminal history of applicants for

public employment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 6, Government Code, is amended

by adding Chapter 621 to read as follows:

CHAPTER 621. CONSIDERATION OF CRIMINAL HISTORY OF APPLICANTS FOR

PUBLIC EMPLOYMENT

Sec. 621.001. DEFINITION. In this chapter, "public

employer" means:

(1) a board, a commission, an office, a department, or

another agency in the executive, judicial, or legislative branch of

state government, including an institution of higher education, as

that term is defined by Section 61.003, Education Code; or

(2) a political subdivision of this state.

Sec. 621.002. NONAPPLICABILITY. This chapter does not

apply to:

(1) an independent school district; or

(2) any position with a law enforcement agency for

which a license is required under Chapter 1701, Occupations Code.

Sec. 621.003. CRIMINAL HISTORY OF APPLICANTS FOR PUBLIC

EMPLOYMENT. (a) Except as provided by Subsection (b), before

making a conditional offer of employment to an applicant, a public

employer may not:

(1) obtain criminal history record information

relating to the applicant; or

(2) ask the applicant to disclose orally or in writing

information regarding the applicant's criminal history, if any.

(b) Before making a conditional offer of employment, a

public employer may:

(1) notify the applicant for a position that certain

criminal convictions disqualify the applicant from consideration

for the position under law or the employer's written policy; or

(2) include a question on an initial employment

application form regarding whether an applicant has been convicted

of a criminal offense that would disqualify the applicant from

employment under law if the question is limited to offenses that

result in disqualification.

(c) This section does not prohibit a public employer from

obtaining criminal history record information after the public

employer has made a conditional offer of employment to an

applicant.

SECTION 2. The changes in law made by this Act apply only to

an employment application submitted on or after the effective date

of this Act. An employment application submitted before the

effective date of this Act is governed by the law in effect on the

date the application was submitted, and the former law is continued

in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.