Tex. Health & Safety Code Section 765.003
Verification of Criminal History Record Information


An employer may request an applicant to disclose to the employer the applicant’s criminal history at any time before or after an offer of employment is made to the applicant. After an offer of employment is made, the employer may verify through the department any criminal history record information that is maintained by the department relating to that applicant and that the department is authorized to release under Chapter 411 (Department of Public Safety of the State of Texas), Government Code. The employer may verify the information only with the authorization of the applicant and in compliance with this section.


The department may adopt rules or apply rules adopted under Section 411.086 (Rules), Government Code, regarding the method of requesting information under this chapter.


The department may adopt rules relating to an employer’s access to criminal history record information, including requirements for submission of:


the employer’s complete name, current street address, and federal employer identification number;


an affidavit by an authorized representative of the employer that the individual whose criminal history is requested has been offered a position of employment by the employer in a residential dwelling project and that, in the course and scope of the employment, the individual may be reasonably required to have access to a dwelling in the residential dwelling project; and


the complete name, date of birth, social security number, and current street address of the individual signing the affidavit.


An affidavit submitted under Subsection (c) must include a statement, executed by the individual offered the position of employment, that authorizes the employer to obtain the criminal history record of the individual.


The department may not provide an employer with the criminal history record information of an applicant under this chapter unless the employer is entitled to receive the information under Section 411.118 (Access to Criminal History Record Information: Employer at Residential Dwelling Project), Government Code.


This chapter does not require an employer to obtain criminal history record information under this chapter.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(57), eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept. 1, 1993. Renumbered from Human Resources Code Sec. 135.003 and amended by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.

Source: Section 765.003 — Verification of Criminal History Record Information, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­765.­htm#765.­003 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 765.003’s source at texas​.gov