HB3675 - Relating to consideration of criminal history of applicants for public employment.

  89R21836 LRM-F     By: Cook, Leach, Manuel, Moody, Curry 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.             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.