Lawmaker Seeks to Ban Local Laws That Remove Criminal History Question on Job Applications

AUSTIN -- State Rep. Paul Workman filed a bill Tuesday that would make it illegal for local governments to adopt "ban the box" ordinances that prevent private employers from asking about job candidates' criminal history on employment applications.Workman, R-Austin, warned that these efforts could have a detrimental affect on the state's economy and lead to a "patchwork" of regulations that vary drastically from city to city."Unfortunately there has been a recent national push for states and local governments to interfere with this tentative economic freedom by imposing so-called 'ban the box' and 'fair chance' hiring regulations on private employers," Workman said Tuesday during a news conference at the Capitol. "This is not the role of government. ... The Texas Legislature should not and will not stand for municipal intrusions on individual liberties and attacks on the economic health of our state."Measures that ban the box asking applicants to disclose their criminal history don't prevent employers from running background checks or asking about their history. But proponents of the efforts say they delay the process to give ex-offenders a chance to get their foot in the door.Workman was joined by State Reps. Tony Dale, R-Cedar Park, and Jason Isaac, R-Dripping Springs, who are co-authors on House Bill 577. Representatives from the Texas Association of Business, the Texas Public Policy Foundation, a conservative think tank, and other statewide groups also attended to support the legislation.Rep. Eric Johnson, D-Dallas, tried to pass a bill during the 2015 legislative session to ban the box statewide, but was unsuccessful. He'll be filing a similar measure again next session. "With over 5 million Texans having a criminal record, our economy cannot afford to have that many people struggling to find work," Rep. Eric Johnson, D-Dallas, said in a written statement. "Republicans and Democrats across the country realize that we can't continue to bite off our nose to spite our face when it comes to criminal justice," Johnson continued. "We want folks to pay for their crimes, but at some point we need all those who can to get a job and reintegrate back into society." The Dallas County Commissioners court opted to ban the box last year and the Dallas City Council considered a similar measure in June. If Workman's bill is adopted next session, all local laws banning the box will be void.Workman pointed to Austin's ordinance, adopted earlier this year, as particularly problematic. The city requires private companies to delay reviewing an applicants' criminal history until a conditional offer of employment is extended.Greg Glod, a senior policy analyst for the Texas Public Policy Foundation, said the "piecemeal" regulations created when each city has different laws puts more responsibility on private business owners, "rather than putting it on the individual who made that mistake."  Continue reading...

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