HB 3675
AN ACT relating to consideration of criminal history of applicants for
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 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
Bill filed: AN ACT relating to consideration of criminal history of applicants for
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