Bill Caption

Relating to considering criminal history in employment decisions; providing an administrative penalty.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 2542 would prohibit an employer from asking about a potential hire's criminal history unless the employer has first made a conditional employment offer to the individual.  Employers would also be prohibited from publishing  information about an employment position that states or implies that an individual’s criminal history automatically disqualifies the individual from consideration for the position.

HB 2542 would require the Texas Workforce Commission to assess an administrative penalty against an employer in an amount not to exceed $500 for each employment position posting or adverse action that violates this bill.

HB 2542 would allow an employment agency or labor organization to solicit a person's criminal record, if the agency or organization has identified an employment position for which the employment agency or labor organization intends to classify or refer the individual.

HB 2542 would not apply to a position for which an individual may be disqualified based on the individual’s criminal history under a federal, state, or local law or in compliance with a legally mandated insurance or bond requirement.

Vote Recommendation Notes

Texas Action opposes HB 2542 because it violates the limited government and free market principles. While we sympathize with the bill's aim to help integrate people with a criminal history back into the workforce, the state has no business prohibiting an employer from asking for a background check or choosing not to hire someone based on their criminal history, let alone allowing the TWC to fine them for doing so.