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HB 3675

AN ACT relating to consideration of criminal history of applicants for

House Bill Cook | Leach | Manuel | Moody | Curry
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

This Texas bill regulates how public employers can inquire about criminal history during job applications. Public employers must wait until after making a conditional job offer to conduct a full criminal background check, and can only ask about criminal convictions that would legally disqualify an applicant from the specific position. The law applies to most state and local government agencies, excluding independent school districts and law enforcement positions, and goes into effect September 1, 2025.

Subject Areas

Bill Text

relating to consideration of criminal history of applicants for
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
Sec. 621.001.  DEFINITION.  In this chapter, "public
(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
(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
(1)  obtain criminal history record information
(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
(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
(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
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
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to consideration of criminal history of applicants for