SB1628 - Relating to the consideration of criminal history record information of applicants for public employment or an occupational license.

      By: Miles S.B. No. 1628               A BILL TO BE ENTITLED   AN ACT   relating to the consideration of criminal history record   information of applicants for public employment or an occupational   license.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 656, Government Code, is amended by   adding Subchapter E to read as follows:   SUBCHAPTER E. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION           Sec. 656.151.  DEFINITIONS. In this subchapter:                 (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)     "Criminal history record information" has the   meaning assigned by Section 411.082.                 (3)     "State agency" means an agency in any branch of   state government.           Sec.   656.152.     CRIMINAL HISTORY ON EMPLOYMENT APPLICATION.   A state agency may not include a question regarding an applicant's   criminal history record information on an initial employment   application form.           Sec.   656.153.     CONFIDENTIALITY OF CRIMINAL HISTORY RECORD   INFORMATION. Notwithstanding Section 411.0765, an applicant's   criminal history record information collected by a state agency as   part of the application review process, if any, is confidential and   may not be disclosed by the state agency.           Sec.   656.154.     CONSIDERATION OF CRIMINAL HISTORY RECORD   INFORMATION. (a) A state agency may inquire into or consider an   applicant's criminal history record information after the agency   has determined that the applicant is otherwise qualified and has   conditionally offered the applicant employment.           (b)     A state agency may not disqualify an applicant from   employment because of a prior criminal conviction unless:                 (1)     the criminal conviction directly relates to the   employment position sought by the applicant; or                 (2)     other law prohibits the applicant from employment   because of the type of criminal conviction.           (c)     A state agency may not consider in the criminal history   record information or disqualify an applicant based on:                 (1)     an arrest that is not followed by an information or   indictment;                 (2)  a conviction that has been sealed or expunged; or                 (3)     a Class C misdemeanor or other misdemeanor   punishable by fine only.           Sec.   656.155.     FACTORS IN DETERMINING WHETHER CONVICTION   RELATES TO EMPLOYMENT POSITION. In determining whether a criminal   conviction directly relates to an employment position under Section   656.154(b)(1), the state agency shall consider:                 (1)     whether the criminal conviction is directly   related to the duties and responsibilities of the employment   position;                 (2)     the extent to which employment might offer an   opportunity to engage in further criminal activity of the same type   as that for which the person was convicted;                 (3)     whether circumstances leading to the conduct for   which the person was convicted will recur in the employment   position; and                 (4)     the amount of time that has elapsed since the   applicant's last criminal conviction.           Sec.   656.156.     NOTICE OF INTENT TO DENY EMPLOYMENT. Before   denying an applicant employment based on the applicant's criminal   history record information, a state agency must notify the   applicant in writing of the state agency's intent to deny the   applicant an employment position because of the applicant's   criminal history. The state agency must:                 (1)     identify the criminal conviction that is the basis   for the potential denial or disqualification;                 (2)     provide to the applicant a copy of the applicant's   criminal history record information; and                 (3)     provide examples of evidence of mitigation or   rehabilitation that the applicant may voluntarily provide under   Section 656.157.           Sec.   656.157.     EVIDENCE OF APPLICANT'S REHABILITATION. A   state agency may not initially disqualify an applicant from an   employment position because of a criminal conviction directly   relating to the employment position if, not later than the 10th day   after the date the state agency notified the applicant under   Section 656.156 of the state agency's intent to deny employment,   the applicant provides to the state agency evidence of:                 (1)     mitigation or rehabilitation, including evidence   that:                       (A)     at least one year has elapsed since the date   of the applicant's release from any correctional institution   without subsequent criminal convictions; and                       (B)     the applicant is in compliance with the   applicant's terms of probation or parole; and                 (2)     the applicant's fitness to perform the duties of   the employment position, including letters of recommendation.           Sec.   656.158.     DENIAL OF EMPLOYMENT. A state agency shall   consider any information provided under Section 656.157 and make a   final employment decision based on an individualized assessment of   the information submitted by the applicant and the factors under   Section 656.155. A state agency that denies an applicant   employment after considering that information shall notify the   applicant in writing of:                 (1)  the final denial or disqualification;                 (2)     the appeals process established by the Texas   Workforce Commission under Section 656.160;                 (3)     potential eligibility of the applicant for other   employment; and                 (4)     the earliest date on which the applicant may   reapply for employment.           Sec.   656.159.     RECORDS; REVIEW; COMPLAINTS. (a) A state   agency shall retain application forms, records of employment,   communications with applicants, and any other records related to   this subchapter until at least the third anniversary of the date of   filling an employment position subject to this subchapter.           (b)     The Texas Workforce Commission shall be provided access   to records under Subsection (a) to monitor compliance with this   subchapter.           (c)     Any person aggrieved by a state agency's violation of   this subchapter may file a complaint regarding the implementation   of, compliance with, and impact of this subchapter to the Texas   Workforce Commission. The Texas Workforce Commission shall keep a   record of reports made under this subsection.           (d)  The Texas Workforce Commission shall:                 (1)     conduct periodic reviews of state agencies to   assess compliance with this subchapter;                 (2)     investigate and review complaints of violations of   this subchapter; and                 (3)     report quarterly on complaints, investigations,   and reviews.           Sec.   656.160.     APPEAL. The Texas Workforce Commission shall   establish an appeals process for any complaints or grievances   concerning a violation of this subchapter.           Sec. 656.161.  STATISTICS AND AUDITS. A state agency shall:                 (1)  maintain a record of the number of:                       (A)     employment positions, applicants, and   applicants conditionally offered employment for employment   positions requiring criminal history record information by the   state agency; and                       (B)     applicants with prior criminal convictions   who:                             (i)     were notified of the state agency's   intent to deny the applicant employment under Section 656.156;                             (ii)     provided evidence of mitigation or   rehabilitation under Section 656.157;                             (iii)     were notified of the state agency's   denial of employment under Section 656.158; or                             (iv)  were offered employment;                 (2)     regularly conduct an anonymous survey of employees   in employment positions not requiring criminal history record   information to determine the number of employees with prior   convictions; and                 (3)     conduct an audit of the state agency's hiring   practices in an effort to ensure that applicants with prior   criminal convictions are not unreasonably denied employment.           Sec.   656.162.     EXEMPTIONS. This subchapter does not apply   to an applicant for a position:                 (1)     that involves the provision of services to or care   of children;                 (2)  that requires direct interaction with children; or                 (3)     for which consideration of criminal history record   information is otherwise required by law.          SECTION 2.  Subtitle C, Title 5, Local Government Code, is   amended by adding Chapter 181 to read as follows:   CHAPTER 181. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION           Sec. 181.001.  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)     "Criminal history record information" has the   meaning assigned by Section 411.082, Government Code.                 (3)     "Local government" means a county, municipality,   or other political subdivision of this state.   &# [Text truncated for display. Full text available on LegiScan.]