84R4264 JSC-F
	By: Canales	H.B. No. 1515

	A BILL TO BE ENTITLED
	AN ACT
	relating to the consideration by employers of the consumer credit
	reports or other credit information of employees and applicants for
	employment; providing civil and administrative penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 52, Labor Code, is amended by adding
	Subchapter H to read as follows:
	SUBCHAPTER H.  CONSIDERATION OF CONSUMER CREDIT REPORTS
	Sec. 52.081.  DEFINITIONS.  In this subchapter:
	(1)  "Applicant" means a person who has made an oral or
	written application with an employer, or has sent a resume or other
	correspondence to an employer, indicating an interest in
	employment.
	(2)  "Commission" means the Texas Workforce
	Commission.
	(3)  "Consumer" means an individual whose credit
	information is used or whose credit score is computed.
	(4)  "Consumer reporting agency" means any person that,
	for monetary fees or dues or on a cooperative nonprofit basis,
	regularly engages in the practice of assembling or evaluating
	consumer credit information or other information on consumers for
	the purpose of furnishing consumer reports to third parties.
	(5)  "Credit information" means any credit-related
	information derived from a credit report or found in a credit
	report.  The term does not include information that is not
	credit-related, regardless of whether that information is
	contained in a credit report.
	(6)  "Credit report" means any written, oral, or other
	communication of information by a consumer reporting agency that
	bears on a consumer's creditworthiness, credit standing, or credit
	capacity.
	(7)  "Employee" and "employer" have the meanings
	assigned by Section 21.002.
	Sec. 52.082.  RULES. The commission may adopt rules as
	necessary to implement this subchapter.
	Sec. 52.083.  EFFECT ON OTHER LAW.  This subchapter does not
	limit or affect the rights, remedies, or procedures available to an
	individual who alleges an unlawful employment practice prohibited
	under federal law, another state law, or an order or ordinance of a
	political subdivision of this state.
	Sec. 52.084.  PROHIBITED ACTS BY EMPLOYER. An employer may
	not:
	(1)  directly or indirectly require, request, suggest,
	or cause an employee or applicant, as a condition of employment, to:
	(A)  submit a credit report or other credit
	information; or
	(B)  authorize the employer's access to the
	employee's or applicant's credit report or other credit
	information;
	(2)  use, accept, refer to, or inquire concerning the
	employee's or applicant's credit report or other credit
	information; or
	(3)  discharge, discipline, discriminate against, or
	deny employment or promotion to an employee or applicant:
	(A)  on the basis of the employee's or applicant's
	credit report or other credit information; or
	(B)  because the employee or applicant:
	(i)  refuses, declines, or fails to submit a
	credit report or other credit information; or
	(ii)  refuses, declines, or fails to
	authorize the employer access to the employee's or applicant's
	credit report or other credit information.
	Sec. 52.085.  RETALIATION AND COERCION PROHIBITED.  (a) An
	employer may not discriminate against an employee or applicant
	because the individual:
	(1)  opposes any act or practice prohibited by this
	subchapter;
	(2)  makes or files a charge in connection with an act
	or practice prohibited by this subchapter; or
	(3)  assists, testifies, or participates in any manner
	in an investigation, proceeding, or hearing conducted under this
	subchapter.
	(b)  An employer may not coerce, intimidate, threaten, or
	interfere with an employee or applicant in the exercise or
	enjoyment of, or because the employee or applicant for employment
	has exercised, enjoyed, assisted, or encouraged the exercise or
	enjoyment of, a right granted or protected by this subchapter.
	Sec. 52.086.  ADMINISTRATIVE PENALTY. (a) An employer
	commits an administrative violation if the employer violates this
	subchapter.
	(b)  The penalty for a violation under this section may not
	exceed $9,000. In assessing a penalty under this section, the
	commission shall consider:
	(1)  prior violations of this subchapter by the
	employer;
	(2)  the severity of the violation; and
	(3)  any other factor the commission determines to be
	relevant.
	Sec. 52.087.  CIVIL ACTION BY EMPLOYEE OR APPLICANT. (a) An
	employee or applicant aggrieved by a violation of this subchapter
	may bring a civil action to enforce rights protected by this
	subchapter, including an action for appropriate injunctive relief,
	in the district court in the county in which the alleged violation
	occurred or in which the alleged violator's residence or principal
	place of business is located.
	(b)  An action under this section must be brought not later
	than the third anniversary of the date of the violation.
	(c)  The employer of an employee or applicant who prevails in
	a civil action under this section is liable to the affected employee
	or applicant for damages equal to the amount of any wages, salary,
	employment benefits, or other compensation denied or lost to the
	employee or applicant by reason of the violation or, if wages,
	salary, employment benefits, or other compensation has not been
	denied or lost, any actual monetary losses sustained by the
	employee or applicant as a direct result of the violation.
	(d)  An employer described by Subsection (c) is also liable
	for equitable relief as appropriate, including employment,
	reinstatement, and promotion.
	(e)  In addition to any judgment awarded to an employee or
	applicant, the court may require the employer to pay reasonable
	attorney's fees, reasonable expert witness fees, and other costs.
	Sec. 52.088.  CIVIL ACTION BY COMMISSION. (a) The
	commission may bring an action to restrain violations of this
	subchapter.
	(b)  In an action brought under this section, the court may:
	(1)  issue a temporary or permanent restraining order
	or injunction to require compliance with this subchapter; and
	(2)  order any equitable relief as appropriate,
	including employment, reinstatement, and promotion.
	SECTION 2.  This Act applies only to an adverse employment
	action that is taken by an employer against an employee or applicant
	for employment or other employer conduct that occurs on or after
	January 1, 2016. Action taken by an employer or other conduct that
	occurs before January 1, 2016, is governed by the law in effect
	immediately before the effective date of this Act, and the former
	law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2015.