Relating to consideration of criminal history of applicants for public employment.
Summary
SB 589 would regulate when public employers in Texas may consider an applicant’s criminal history during the hiring process. The bill generally prohibits state agencies, political subdivisions, and institutions of higher education from obtaining criminal history record information or asking about an applicant’s criminal history before making a conditional offer of employment. It also bars pre-offer questions about criminal history, with limited exceptions.
The bill allows public employers to tell applicants that certain convictions disqualify them under law or written policy, and it permits an initial application question only if it is narrowly limited to offenses that actually disqualify the applicant. After a conditional offer is made, the employer may obtain criminal history information. The bill excludes independent school districts and certain licensed law-enforcement positions from its coverage, and it applies only to applications submitted on or after September 1, 2025.
Impact
SB 589 would add a new Chapter 621 to the Texas Government Code and create a statewide “ban-the-box”-style restriction for public employment. It would change hiring procedures for state agencies, local governments, and public higher education institutions by delaying criminal background inquiries until after a conditional offer, while preserving employer access to criminal history at the later stage. The bill would not apply to independent school districts or to certain law-enforcement jobs requiring a Chapter 1701 license, and it would only affect applications filed on or after the effective date.
Sentiment
The available record shows no committee transcript or recorded votes, so there is no direct evidence of debate or opposition in the materials provided. Based on the bill’s structure, it appears aimed at reducing early-stage screening barriers for applicants with criminal records while still allowing employers to enforce disqualifying conviction rules. The referral to the Business & Commerce committee suggests it was treated as an employment-policy measure rather than a criminal-justice bill.
Contention
The main policy tension in SB 589 is between expanding employment opportunities for people with prior convictions and preserving public employers’ ability to screen out applicants with disqualifying offenses. Supporters would likely favor the delayed background-check approach as a fairer hiring practice, while opponents could argue it limits employer discretion or creates administrative burdens. The bill’s exceptions for independent school districts and certain law-enforcement positions also suggest sensitivity to public-safety and licensing concerns.