HB 1191
AN ACT relating to inquiries about and the consideration of criminal
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
This Texas bill restricts employers from asking about criminal history on initial job applications, known as "ban the box" legislation. Employers can only inquire about an applicant's criminal record after determining the applicant is otherwise qualified and either offering a conditional job offer or inviting them to an interview. The law does not apply to positions where criminal history checks are legally required, and it takes effect September 1, 2025.
Subject Areas
Bill Text
relating to inquiries about and the consideration of criminal history record information regarding an applicant for employment. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 52, Labor Code, is amended by adding Subchapter H to read as follows: SUBCHAPTER H. CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION Sec. 52.081. DEFINITIONS. In this subchapter: (1) "Applicant" means an individual 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 (2) "Criminal history record information" has the meaning assigned by Section 411.082, Government Code. (3) "Employer" has the meaning assigned by Section Sec. 52.082. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF CRIMINAL HISTORY RECORD INFORMATION. (a) An employer may not include a question regarding an applicant's criminal history record information on an initial employment application form. (b) An employer may inquire into or consider an applicant's criminal history record information after the employer has: (1) determined that the applicant is otherwise (2) conditionally offered the applicant employment or invited the applicant to an interview. Sec. 52.083. NONAPPLICABILITY. This subchapter does not apply to an applicant for a position for which consideration of criminal history record information is required by law. SECTION 2. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to inquiries about and the consideration of criminal
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