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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration by employers of the consumer credit |
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reports or other credit information of applicants for employment |
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who are recently returned veterans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 52, Labor Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. CONSIDERATION OF CONSUMER CREDIT REPORTS OF CERTAIN |
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VETERANS |
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Sec. 52.081. DEFINITIONS. In this subchapter: |
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(1) "Applicant" means a person who has made an oral or |
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written application with an employer, or has sent a resume or other |
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correspondence to an employer, indicating an interest in |
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employment. |
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(2) "Commission" means the Texas Workforce |
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Commission. |
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(3) "Consumer" means an individual whose credit |
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information is used or whose credit score is computed. |
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(4) "Consumer reporting agency" means any person that, |
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for monetary fees or dues or on a cooperative nonprofit basis, |
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regularly engages in the practice of assembling or evaluating |
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consumer credit information or other information on consumers for |
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the purpose of furnishing consumer reports to third parties. |
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(5) "Credit information" means any credit-related |
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information derived from a credit report or found in a credit |
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report. The term does not include information that is not |
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credit-related, regardless of whether that information is |
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contained in a credit report. |
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(6) "Credit report" means any written, oral, or other |
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communication of information by a consumer reporting agency that |
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bears on a consumer's creditworthiness, credit standing, or credit |
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capacity. |
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(7) "Employer" has the meaning assigned by Section |
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21.002. |
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(8) "Recently returned veteran" means a veteran who |
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was honorably discharged not more than two years before the date of |
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an employment application. |
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(9) "Veteran" has the meaning assigned by 38 U.S.C. |
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Section 101(2). |
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Sec. 52.082. RULES. The commission may adopt rules as |
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necessary to implement this subchapter. |
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Sec. 52.083. CONSIDERATION OF RECENTLY RETURNED VETERAN'S |
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CREDIT INFORMATION PROHIBITED. In making an employment decision |
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regarding an applicant who is a recently returned veteran, an |
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employer may not consider the applicant's credit report or other |
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credit information. |
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SECTION 2. This Act applies only to an adverse employment |
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action that is taken by an employer against an applicant for |
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employment on or after January 1, 2016. Action taken by an employer |
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that occurs before January 1, 2016, is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |