The bill, introduced by Senator Miles, amends the Government Code and Local Government Code to create new guidelines for how criminal history record information is handled in public employment and occupational licensing. It establishes a new Subchapter E in Chapter 656 of the Government Code and a new Chapter 181 in the Local Government Code. Key provisions include prohibiting state agencies and local governments from asking about an applicant's criminal history on initial employment applications, ensuring confidentiality of any collected criminal history information, and allowing consideration of such information only after a conditional job offer has been made. The bill also outlines conditions for disqualification based on criminal history, requiring that such disqualifications be directly related to the job or mandated by law.

Additionally, the bill amends the Occupations Code to prevent state agencies from inquiring about an applicant's criminal history until after assessing their qualifications for a license. It prohibits criminal history questions on license applications and limits the grounds for license denial or revocation based on criminal convictions. Certain offenses, particularly those punishable by fine only, cannot be considered for licensing unless they meet specific criteria. The bill mandates that local governments provide written notice to applicants of any intent to deny employment based on criminal history, including the specific conviction and a copy of the applicant's records, while allowing a 10-day period for applicants to present evidence of rehabilitation. These changes will take effect on September 1, 2025, and will apply only to applications submitted after that date.

Statutes affected:
Introduced: Occupations Code 53.021, Occupations Code 51.356 (Occupations Code 53, Occupations Code 51)