EMPLOYMENT PRACTICES

Former Board Member Employment

A public junior college may not employ or contract with an individual who was a member of the board of the junior college before the first anniversary of the date the individual ceased to be a member of the board of trustees. Education Code 130.089

Administrator Hiring

Provost and Deputy, Associate, or Assistant Provost

Each governing board, including each college district board of trustees, shall approve or deny the hiring of an individual for the position of provost or deputy, associate, or assistant provost by each institution under the board's control and management. Education Code 51.352(d)

Vice President or Dean

The governing board of an institution of higher education may overturn any hiring decision for the position of vice president or dean made by the administration of a campus under the board's control and management. Action by the governing board under provision shall be implemented by the institution through appropriate action with respect to the relevant hiring decision at issue, including rescission of an employment offer, termination of employment, or termination of an employment agreement. [See DM series] Education Code 51.352(g)

Report

The governing board of each institution of higher education shall annually submit to the governor, the lieutenant governor, the

speaker of the house of representatives, and each member of the legislature a report regarding decisions made by the governing

board for the applicable academic year on any hiring of administration in which the board approved or denied the hiring decision or took action under Education Code 51.352(g). Education Code 51.352(h)

Faculty Involvement

in Hiring

A faculty member of an institution of higher education, including a college district, who does not serve in an administrative leadership position may not have final decision-making authority on the hiring of an individual for any faculty or administrative leadership position at the institution. Education Code 51.9431(b)

Employee Information

A person or entity, including a college district, that hires or recruits an individual for employment must ensure that the individual properly:

1.        Completes section 1—’’Employee Information and Verification’’—on the Form I-9 at the time of hire and signs the attestation with a handwritten or electronic signature in accordance with 8 C.F.R. 274a.2(h), or if an individual is unable to complete the Form I-9 or needs it translated, someone may assist him or her in accordance with 8 C.F.R. 274a.2(b); and

2.        Present to the employer or the recruiter or referrer for a fee documentation as set forth in 8 C.F.R. 274a.2(b)(1)(v) establishing the individual’s identity and employment authorization within the time limits set forth in 8 C.F.R. 274a.2(b)(1)(ii) through (b)(1)(v).

8 C.F.R. 274a.2(b)(1)(i)

Verification of Employment Eligibility

New Hire

An employer, the employer’s agent, or anyone acting directly or in- directly in the interest thereof must, within three business days of the hire:

1.        Physically examine or otherwise examine pursuant to an alternative procedure authorized by the U.S. Secretary of Homeland Security under 8 C.F.R. 274a.2(b)(1)(ix) the documentation presented by the individual establishing identity and employment authorization as set forth in 8 C.F.R. 274a.2(b)(1)(v) and ensure that the documents presented ap- pear to be genuine and to relate to the individual; and

2.        Complete section 2 – “Employer Review and Verification” – on the Form I-9 within three business days of the hire and sign the attestation with a handwritten signature or electronic signature in accordance with 8 C.F.R. 274a.2(i).

8 C.F.R. 274a.2(b)(1)(ii)

An employer will not be deemed to have hired an individual for employment if the individual is continuing in the individual’s employment and has a reasonable expectation of employment at all times as described by 8 C.F.R. 274a.2(b)(1)(viii). 8 C.F.R.

274a.2(b)(1)(viii)

Exception

An employer who hires an individual for employment for a duration of less than three business days must comply with 8 C.F.R.274a.2(b)(1)(ii)(A) and (b)(1)(ii)(B) at the time of the hire. An employer may not accept a receipt, as described in 8 C.F.R.

274a.2(b)(1)(vi), in lieu of the required document if the employment is for less than three business days. 8 C.F.R. 274a.2(b)(1)(iii)

Rehire

When an employer hires an individual whom that person or entity has previously employed, if the employer has previously completed the Form I-9 and complied with the verification requirements set forth in 8 C.F.R. 274a.2(b) with regard to the individual, the employer may (in lieu of completing a new Form I-9) inspect the previously completed Form I-9 and, if upon inspection of the Form I-9, the employer determines that the Form I-9 relates to the individual and that the individual is still eligible to work, that previously executed Form I-9 is sufficient if the individual is hired within three years of the date of the initial execution of the Form I-9 and the employer updates the Form I-9 to reflect the date of rehire. 8

C.F.R. 274a.2(c)

Existing Employee

If an individual's employment authorization expires, the employer, recruiter, or referrer for a fee must reverify on the Form I-9 to reflect that the individual is still authorized to work in the United States; otherwise, the individual may no longer be employed, recruited, or referred. Reverification on the Form I-9 must occur not later than the date work authorization expires and must comply with the applicable document presentation and examination procedures in 8 C.F.R. 274a.2(b)(1)(ii)(A) and 8 C.F.R. 274a.2(b)(1)(ix) and form instructions. If an Employment Authorization Document (Form I-766) was presented for completion of the Form I-9 in com- bination with a Notice of Action (Form I-797C), stating that the original Employment Authorization Document has been automatically extended, reverification applies upon the expiration of the automatically extended validity period under 8 C.F.R. 274a.13(d) and not upon the expiration date indicated on the face of the individual's Employment Authorization Document.

In order to reverify on the Form I-9, the employee or referred individual must present a document that either shows continuing employment eligibility or is a new grant of work authorization. The employer or the recruiter or referrer for a fee must review this document, and if it appears to be genuine and relate to the individual, reverify by noting the document's identification number and expiration date, if any, on the Form I-9 and signing the attestation by a handwritten signature or electronic signature in accordance with 8 C.F.R. 274a.2(i).

8 C.F.R. 274a.2(b)(1)(vii)

E-Verify

State agencies and institutions of higher education, including college districts, shall register and participate in the federal electronic verification of employment authorization program, E-Verify, for all newly hired employees.

The Texas Workforce Commission (TWC) shall provide notice, registration information, and online forms for the E-Verify program to state agencies and may provide technical assistance, upon re- quest.

Gov’t Code 673.002; 40 TAC 843.3

New Hire Reporting

“Newly hired employee” means an employee who has not been previously employed by the employer or was previously employed by the employer but has been separated from that employment for at least 60 consecutive days.

Each Texas employer, including each college district, shall furnish to the State Directory of New Hires (Texas Attorney General’s Office) in the state in which a newly hired employee works a report of all new hires that contains the following seven required data elements: the employee name, the employee address, the employee social security number, the employee’s date of hire, the employer name, the employer address, and the federal employer identification number (FEIN).

Employers, at their option may also provide the following additional information in the report: the employee’s date of birth and the employee’s expected salary or wages, and employer payroll ad- dresses for mailing of notice to withhold child support.

All employers shall report new hire information on a Form W-4 or an equivalent form by first class mail, telephonically, or electronically as determined by the employer and in a format acceptable to the Title IV-D agency. The Title IV-D agency reserves the right to decline any type of form that it deems as illegible or inappropriate for new hire report processing and requests employers who elect to submit new hire reports via hard copy to adopt the prescribed Employer New Hire Reporting Form (Form 1856e and 1856s) that can be obtained from the Texas Attorney General’s Child Support Division1 website under Employer Portal.

42 U.S.C. 653a(b)-(c); Family Code 234.104; 1 TAC 55.303(a)-(c)

Deadline

Employer new hire reports are due:

1.        Not later than 20 calendar days after the date the employer hires the employee; or

2.        In the case of an employer transmitting reports electronically, by two monthly transmissions (if necessary) not less than 12 days nor more than 16 days apart.

Employer new hire reports shall be considered timely if postmarked by the due date or, if filed electronically, upon receipt by the agency.

1 TAC 55.303(d)

Penalties

An employer that knowingly violates the new hire provisions may be liable for a civil penalty, as set forth at Family Code 234.105. 42 U.S.C. 653a(d); Family Code 234.105

Social Security Numbers

It shall be unlawful for any federal, state or local government agency, including a college district, to deny to any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose the individual’s social security number. 5 U.S.C. 552a Note; PL 93-579, 7(b), 88 Stat. 1896 (1974)

Exceptions

The above provision shall not apply with respect to:

1.        Any disclosure which is required by federal statute.

2.        The disclosure of a social security number to a federal, state, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted before such date to verify the identity of an individual.

5 U.S.C. 552a Note; PL 93-579, 7(b), 88 Stat. 1896 (1974)

It is the policy of the United States that any state (or political subdivision thereof) may, in the administration of any tax, general public assistance, driver’s license, or motor vehicle registration law within its jurisdiction, utilize the social security account numbers issued by the Commissioner of Social Security for the purpose of establishing the identification of individuals affected by such law, and may require any individual who is or appears to be so affected to furnish to such state (or political subdivision thereof) or any agency thereof having administrative responsibility for the law involved, the social security account number (or numbers, if the individual has more than one such number) issued to the individual by the Com- missioner of Social Security. 42 U.S.C. 405(c)(2)(C)

Statement of Uses

A federal, state, or local agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it. 5 U.S.C. 552a Note; PL 93-579, 7(b), 88 Stat.

1896 (1974)

Criminal History Background Checks

Security-Sensitive Positions

Each institution of higher education, including each college district, is entitled to obtain from the Department of Public Safety (DPS) criminal history record information maintained by DPS that relates to a person who is an applicant for a security-sensitive position at the institution. The institution may deny employment to an applicant for a security-sensitive position who fails to provide a complete set of fingerprints upon request.

“Security-sensitive position” means an employment position held by an employee who:

1.        Handles currency;

2.        Has access to a computer terminal;

3.        Has access to the personal information or identifying information of another person;

4.        Has access to the financial information of the college district or another person;

5.        Has access to a master key; or

6.        Works in a location designated as a security-sensitive area.

A security-sensitive position shall be so identified in the job de- scription and advertisement for the position.

The criminal history record information may be used only for the purpose of evaluating applicants for employment in security-sensitive positions.

The criminal history record information may not be released or dis- closed to any person except on court order or with the consent of the person who is the subject of the criminal history record information.

All criminal history record information shall be destroyed by the chief of police of the institution of higher education as soon as practicable after the individual becomes employed in a security- sensitive position and after the expiration of any probationary term of employment or, if the individual is not hired for a security-sensitive position, after the information is used for its authorized purpose.

Gov’t Code 411.094; Education Code 51.215

A person, agency, department, political subdivision, or other entity that is authorized by Government Code Chapter 411, Subchapter F or Subchapter E-1, to obtain from DPS criminal history record information maintained by DPS that relates to another person is authorized to:

1.       Obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to that person; or

2.       Obtain from any other criminal justice agency in this state criminal history record information maintained by that criminal justice agency that relates to that person.

Gov’t Code 411.087(a)

Participation in the Criminal History Clearinghouse

The purpose of the criminal history clearinghouse is to:

1.       Provide authorized entities with the Texas and FBI fingerprint- based criminal history results.

2.       Provide authorized entities with subscription and notification service to disseminate updated criminal history information.

Entities shall only submit requests for criminal history record information on a person who has authorized the access of their information. “Request for criminal history record information” is the processing and entry of a person’s complete set of fingerprints in DPS’s tenprint database and the comparison of those prints to DPS’s latent print database and if authorized the entry into FBI’s tenprint and comparison to the FBI’s latent print database.

Entities may subscribe to a person in the clearinghouse, if the entity has the authority to view the record. Entities shall unsubscribe from a person when it no longer has authority to view a record.

Entities shall validate their subscriptions in accordance with DPS policies. “Validation” is a process whereby the subscriber reviews a subscription to determine whether they are still authorized to receive criminal history record information on that individual and up- dates the subscription accordingly. Validations are required on a yearly basis.

Entities shall maintain compliance with the FBI Criminal Justice In- formation Services Security Policy. Entities shall allow DPS and FBI to conduct audits of their clearinghouse accounts to prevent any unauthorized access, use, or dissemination of the information.

37 TAC 27.171, .172(4), (8), .174

Employees Working Under Contracts with School Districts and Charter Schools

Education Code 22.0834(a) applies to a person who is not an applicant for or holder of a certificate under Education Code Chapter 21, Subchapter B, and who is offered employment by an entity or a subcontractor of an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services, if:

1.        The employee or applicant has or will have continuing duties related to the contracted services; and

2.        The employee or applicant has or will have direct contact with students.

This section does not apply to an employee or applicant of a public works contractor described by Education Code 22.0834(a-1).

Employees to whom Education Code 22.0834(a) applies are subject to the criminal history background check requirements described by Education Code 22.0834.

Education Code 22.0834 [See GH]

Drug and Alcohol Clearinghouse Pre- Employment Inquiry

Employers must not employ a driver subject to controlled sub- stances and alcohol testing under 49 C.F.R. Part 382 to perform a safety-sensitive function without first conducting a pre-employment query of the Drug and Alcohol Clearinghouse [see DHA] to obtain information about whether the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of 49 C.F.R. 382.211; or that an employer has reported actual knowledge, as defined at 49

C.F.R. 382.107, that the driver used alcohol on duty in violation of 49 C.F.R. 382.205, used alcohol before duty in violation of 49

C.F.R. 382.207, used alcohol following an accident in violation of 49 C.F.R. 382.209, or used a controlled substance, in violation of 49 C.F.R. 382.213.

The employer must conduct a full query under this section, which releases information in the Clearinghouse to an employer and re- quires that the individual driver give specific consent.

49 C.F.R. 382.701(a)

Persons Licensed Under Occupations Code Chapter 1701

A law enforcement agency shall adopt the model policy established by the Texas Commission on Law Enforcement (TCOLE), de- scribed below, or a substantively similar policy. The policy adopted by the law enforcement agency must be submitted to TCOLE, and TCOLE shall maintain a copy of the policy.

TCOLE shall adopt a model policy establishing procedures applicable to a law enforcement agency hiring a license holder. The policy must:

1.        Require a law enforcement agency to request and review any information regarding an applicant for employment maintained by TCOLE in the licensing status database established under Occupations Code 1701.168 as part of the preemployment procedures required under Occupations Code 1701.451(a); and

1.       Establish a provisional hiring period of at least 45 days for any license holder employed by a law enforcement agency and al- low a law enforcement agency to terminate the employment of the license holder if information relating to an investigation of alleged misconduct by the license holder is made available to the agency by TCOLE as part of the preemployment procedures required under Occupations Code 1701.451(a) within the provisional period.

TCOLE shall notify a law enforcement agency seeking to appoint a license holder of a completed investigation report submitted to TCOLE with respect to the license holder not later than the fifth business day after the date TCOLE receives the report.

Occupations Code 1701.4522(a)-(c), (e)

Preemployment Procedures

Before a law enforcement agency may hire a person licensed un- der Occupations Code Chapter 1701, the agency must, on a form and in the manner prescribed by TCOLE:

1.       Obtain the person's written consent for the agency to review the information required to be reviewed under Occupations Code 1701.451;

2.       Request from TCOLE and any other applicable person information required to be reviewed under Section 1701.451; and

3.       Submit to TCOLE confirmation that the agency, to the best of the agency's ability before hiring the person:

a.        Contacted each entity or individual necessary to obtain the information required to be reviewed under this section; and

b.        Except as provided by Section 1701.451(b), obtained and reviewed as related to the person, as applicable, the information described by Section 1701.451(a)(3)(B).

Occupations Code 1701.451(a)

If an entity or individual contacted for information required to be re- viewed refused to provide the information or did not respond to the request for information, the confirmation submitted to TCOLE must document the manner of the request and the refusal or lack of response. Occupations Code 1701.451(b)

If TCOLE or a law enforcement agency receives from a law enforcement agency a request for information and the person's consent on the forms and in the manner prescribed by TCOLE, TCOLE or the agency shall provide the information to the requesting agency.

The head of a law enforcement agency or the agency head's de- signee shall review and sign each confirmation form required under Section 1701.451 before submission to TCOLE. The failure of an agency head or the agency head's designee to comply constitutes grounds for suspension of the agency head's license under Occupations Code 1701.501.

The confirmation form submitted to TCOLE is not confidential and is subject to disclosure under Government Code Chapter 552 (Public Information Act).

Occupations Code 1701.451(c)-(d), (f)

Before a law enforcement agency or governmental entity hires a person for whom a license is sought, the agency or entity must:

1.       Review any information relating to the person available;

a.        In the licensing status database established under Occupations Code 1701.168;

b.        In the law enforcement database designated under Occupations Code 1701.169; and

c.        If applicable, in a file provided to TCOLE under Occupations Code 1701.3035; and

2.       File an application with TCOLE as provided by TCOLE rule.

Occupations Code 1701.303

Databases

Licensing Status Database

TCOLE shall establish a database containing, for each officer li- censed under Occupations Code Chapter 1701:

1.       The officer’s license status, including a record of action taken against the officer by TCOLE; and

2.       Personnel files, as described by Occupations Code 1701.4535, provided by each law enforcement agency that employs the officer. [See DBA]

TCOLE shall make available to a law enforcement agency on re- quest any relevant information maintained in the database regarding the officer, including any information relating to the investigation of misconduct by a law enforcement agency under the policy described by Occupations Code 1701.4522 [see DH].

Except as provided by Occupations Code 1701.168(b) and 1701.168(c), information maintained in the licensing status data- base is confidential and not subject to disclosure under Government Code Chapter 552.

Occupations Code 1701.168

Law Enforcement Database

TCOLE shall designate one or more national law enforcement databases that a law enforcement agency must access to complete the preemployment background check required under Occupations Code 1701.303(a), 1701.3035, and 1701.451(a). Occupations Code 1701.169

Notification of Hire

Officer

A person who appoints an officer licensed by TCOLE shall notify TCOLE not later than the 30th day after the date of the appointment. If the person appoints an individual who previously served as an officer or county jailer and the appointment occurs after the 180th day after the last date of service as an officer or county jailer, the person must have on file for the license holder in a form readily accessible to TCOLE:

1.        New criminal history record information;

2.        A new declaration of psychological and emotional health and lack of drug dependency or illegal drug use; and

3.        New documentation that the license holder has been finger- printed and subjected to a search of local, state, and national records and fingerprint files to disclose any criminal record of the license holder.

Occupations Code 1701.303(b)

Telecommunicator

A person who appoints or employs a telecommunicator licensed by TCOLE shall notify TCOLE not later than the 30th day after the date of the appointment or employment. If the person appoints or employs an individual who previously served as a telecommunicator and the appointment or employment occurs after the 180th day after the last date of service as a telecommunicator, the person must have on file in a form readily accessible to TCOLE:

1.        New criminal history record information; and

2.        New documentation that the license holder has been finger- printed and subjected to a search of local, state, and national records and fingerprint files to disclose any criminal record of the license holder.

Occupations Code 1701.303(c)

Hiring of Legal Permanent Resident for TCOLE-Licensed Positions

A political subdivision, including a college district, that appoints or employs a person to hold a position that requires the person to be licensed by TCOLE may appoint or employ a legal permanent resident of the United States to hold the position if the person is an honorably discharged veteran of the armed forces of the United States with at least two years of service before discharge and holds the appropriate license issued by the commission.

A political subdivision may not appoint or employ a person under this provision to hold a supervisory position until the person be- comes a U.S. citizen.

Local Gov’t Code 370.009(b)-(c)

Retirees

An institution of higher education, including a college district, may employ a person who has retired under the Teacher Retirement System (Government Code Title 8, Subtitle C) or the optional retirement program (Government Code Chapter 830) if:

1.       The governing board of the institution determines that the employment is in the best interests of the institution; and

2.       The person has been retired for at least 30 days before the effective date of the employment, except that a person retired under the optional retirement program may be rehired after retirement without a break in service.

The governing board may pay a person employed an amount considered by the governing board to be appropriate, notwithstanding any other provision of law.

Education Code 51.964

Report

In accordance with the requirements of Government Code 824.6022 and 34 Administrative Code 31.2, an employer shall submit to the Teacher Retirement System (TRS) a monthly certified statement of employment for all retirees employed by the employer during each month of a school year. Gov’t Code 824.6022; 34 TAC 31.2

Military Employment Preference

Eligibility

The following individuals qualify for a military employment preference:

1.       A veteran, including a veteran with a disability;

2.       A veteran’s surviving spouse who has not remarried;

3.       An orphan of a veteran if the veteran was killed while on active duty;

4.       The spouse of a member of the U.S. armed forces or Texas National Guard serving on active duty; and

1.        The spouse of a veteran if the spouse is the primary source of income for the household and the veteran has a total disability rating based either on having a service-connected disability with a disability rating of at least 70 percent or on individual unemployability.

Gov’t Code 657.002

Application of the Preference

An individual who qualifies for a military employment preference is entitled to a preference in employment with or appointment to a state agency, including a college district, over other applicants for the same position who do not have a greater qualification.

A state agency shall provide to an individual entitled to a military employment preference for employment or appointment over other applicants for the same position who do not have a greater qualification a military employment preference, in the following order of priority:

1.        A veteran with a disability;

2.        A veteran;

3.        A spouse described by items 4 and 5, above;

4.        A veteran’s surviving spouse who has not remarried; and

5.        An orphan of a veteran if the veteran was killed while on active duty.

If a state agency requires a competitive examination under a merit system or civil service plan for selecting or promoting employees, an individual entitled to a military employment preference who otherwise is qualified for that position and who has received at least the minimum required score for the test is entitled to have a service credit of ten points added to the test score. A veteran with a dis- ability is entitled to have a service credit of five additional points added to the individual’s test score.

An individual entitled to a military employment preference is not disqualified from holding a position with a state agency because of age or an established service-connected disability if the age or dis- ability does not make the individual incompetent to perform the du- ties of the position.

Gov’t Code 657.003

Veteran Employment Goal

Each state agency shall establish a goal of hiring, in full-time positions at the agency, a number of veterans equal to at least 20 per- cent of the total number of employees of the state agency. A state agency may establish a veteran employment goal that is greater than the required percentage. Gov’t Code 657.004

Designation of Open Position

A state agency may designate an open position as a military preference position and only accept applications for that position from individuals who are entitled to a military employment preference under Government Code 657.003.

Notwithstanding any other law, a state agency may hire or appoint for an open position within the agency an individual entitled to a military employment preference under Section 657.003 without announcing or advertising the position if the agency uses the auto- mated labor exchange system administered by the TWC to identify an individual who qualifies for a military employment preference and determines the individual meets the qualifications required for the position.

Gov’t Code 657.0045

Interviews

For each announced open position at a state agency, the state agency shall interview:

1.       If the total number of individuals interviewed for the position is six or fewer, at least one individual qualified for a military employment preference under Section 657.003; or

2.       If the total number of individuals interviewed for the position is more than six, a number of individuals qualified for a military employment preference under Section 657.003 equal to at least 20 percent of the total number interviewed.

A state agency that does not receive any applications from individuals who qualify for a military employment preference under Section 657.003 is not required to comply.

Gov’t Code 657.0047

Employment Investigation

The individual whose duty is to appoint or employ an applicant for a position with a state agency or an officer or the chief administrator of the agency who receives an application for appointment or employment by an individual entitled to a military employment preference, before appointing or employing any individual, shall investigate the qualifications of the applicant for the position. An applicant who is a veteran with a disability shall furnish the official records to the individual whose duty is to fill the position. Gov’t Code 657.005

Federal Law and Grants

To the extent that this chapter conflicts with federal law or a limitation provided by a federal grant to a state agency, Government Code Chapter 657 shall be construed to operate in harmony with the federal law or limitation of the federal grant. Gov’t Code 657.006

Reporting

A state agency shall file quarterly with the comptroller a report that states:

1.       The percentage of the total number of employees hired or ap- pointed by the agency during the reporting period who are persons entitled to a preference under Government Code Chapter 657;

2.       The percentage of the total number of the agency’s employees who are persons entitled to a preference under Chapter 657; and

3.       The number of complaints filed with the executive director of the agency under Government Code 657.010 during that quarter and the number of those complaints resolved by the executive director.

The comptroller shall make each quarterly report available to the public on the comptroller’s internet website.

Gov’t Code 657.008

Posting Requirements

A public entity or public work shall provide information to the TWC regarding any open position subject to the veterans’ preferences as specified in Government Code 657.009.

A public entity or public work shall provide information by one or more of the methods indicated in 40 Administrative Code 843.1(b)(1)-(3) relating to the employer postings of job openings and submit basic information regarding the opening to the TWC as soon as practical, including the following:

1.       The name of the public entity;

2.       The location where the job is to be performed including city and state;

3.       A description of the job opening;

4.       The minimum educational and work experience required for the position; and

5.       Contact information regarding the opening.

TWC shall make available to the public the information provided by a state agency.

Gov’t Code 657.009(a)-(b); 40 TAC 843.2

Complaint Procedures

An individual entitled to a military employment preference under Government Code Chapter 657 who is aggrieved by a decision of a state agency to which Chapter 657 applies relating to hiring or appointing the individual, or relating to retaining the individual if the state agency reduces its workforce, may appeal the decision by filing a written complaint with the executive director of the state agency. The executive director of a state agency that receives a written complaint shall respond to the complaint not later than the 15th business day after the date the executive director receives the complaint. The executive director may render a different hiring or appointment decision than the decision that is the subject of the complaint if the executive director determines that the military preference was not applied. Gov’t Code 657.010

Definitions

“Veteran” has the meaning assigned by Government Code 2308.251. Gov’t Code 657.001(2)

“Veteran with a disability” means a veteran who is classified as dis- abled by the U.S. Department of Veterans Affairs or its successor or the branch of the service in which the veteran served and whose disability is service connected. Gov’t Code 657.001(3)

Employment Preference for Former Foster Children

An individual who was under the permanent managing conservatorship of the Department of Family and Protective Services on the day preceding the individual’s 18th birthday is entitled to preference in employment with a state agency, including a college district, over other applicants for the same position who does not have a greater qualification. An individual is entitled to an employment preference under Government Code Chapter 672 only if the individual is 25 years of age or younger. Gov’t Code 672.002(a), .005

Exceptions

This section does not apply to the position of private secretary or deputy of an official or department, or to an individual holding a strictly confidential relation to the employing officer. Gov’t Code 672.002(b)

Conflict with Federal Law or Grant

To the extent that this preference conflicts with federal law or a limitation provided by a federal grant to a state agency, this section shall be construed to operate in harmony with federal law or limitation of the federal grant. Gov’t Code 672.003

Grievance Process

An individual entitled to an employment preference under this section who is aggrieved by a decision of a state agency to which this section applies relating to hiring the individual, or relating to retaining the individual if the state agency reduces its workforce, may appeal the decision by filing a written complaint with the governing body of the state agency. The governing body of a state agency that receives a written complaint shall respond to the complaint not later than the 15th business day after the date the governing body receives the complaint. The governing body may render a different hiring decision than the decision that is the subject of the complaint if the governing body determines that the employment preference under this section was not applied. Gov’t Code 672.004

Campus Programs for Minors

A program operator may not employ an individual in a position in- volving contact with campers at a campus program for minors un- less:

1.        The individual submits to the program operator or the campus program for minors has on file documentation that verifies the individual within the preceding two years successfully completed the training and examination program on sexual abuse and child molestation; or

2.        The individual successfully completes the campus program for minors’ training and the examination program on sexual abuse and child molestation, which must be approved by the department, during the individual’s first five days of employment by the campus program for minors, and the campus pro- gram issues and files documentation verifying successful completion.

The requirement does not apply to an individual who is a student enrolled at the institution of higher education or a private or independent institution of higher education or at which the campus pro- gram is conducted and whose contact with campers is limited to a single class of short duration.

A program operator must:

1.        Submit to the Department of State Health Services (DSHS), on the form and within the time prescribed by DSHS, verification that each employee of the campus program for minors has complied with the training and examination requirements and the fee assessed by DSHS; and

2.        Retain in the operator’s records a copy of the required documentation for each employee until the second anniversary of the examination date.

“Campus program for minors” means a program that:

1.        Is operated by or on the campus of an institution of higher education or a private or independent institution of higher education;

2.      Retain in the operator’s records a copy of the required documentation for each employee until the second anniversary of the examination date.

“Campus program for minors” means a program that:

1.        Is operated by or on the campus of an institution of higher education or a private or independent institution of higher education;

2.        Offers recreational, athletic, religious, or educational activities for at least 20 campers who are not enrolled at the institution; and attend or temporarily reside at the camp for all or part of at least four days; and

3.       Is not a day camp or youth camp as defined by Health and Safety Code 141.002 or a facility or program required to be li- censed by the Department of Family and Protective Services.

Education Code 51.976(a)(2), (b)-(d)

Consumer Credit Reports

Definitions

“Adverse action” includes a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee.

“Consumer report” includes any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for employment purposes.

“Consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly assembles or evaluates consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer re- ports.

“Employment purposes,” when used in connection with a consumer report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.

15 U.S.C. 1681a(d), (f), (h), (k)

Obtaining Reports

A person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless:

1.        A clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and

2.        The consumer has authorized in writing (which authorization may be made on the document referred to in item 1) the procurement of the report by that person.

15 U.S.C. 1681b(b)(2)(A)

Exception

If a consumer described in 15 U.S.C. 1681b(2)(C) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be pro- cured in connection with that application the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer’s rights under 15

U.S.C. 1681m(a)(3); and the consumer shall have consented orally, in writing, or electronically to the procurement of the report by that person. 15 U.S.C. 1681b(b)(2)(B)

Adverse Action

In using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide the consumer to who the report relates a copy of the report and a description in writing of the person’s rights under the Fair Credit Reporting Act, as prescribed by the Federal Trade Commission. 15 U.S.C.

1681b(b)(3)

Note:       The following provisions apply to a college district that uses consumer reports.

Address Discrepancies

“Notice of address discrepancy” means a notice sent to a user by a consumer reporting agency described in 15 U.S.C. 1681a(p) pursuant to 15 U.S.C. 1681c(h)(1) that informs the user of a substantial difference between the address for the consumer that the user provided to request the consumer report and the address(es) in the agency’s file for the consumer.

A user, including a college district, must develop and implement reasonable policies and procedures designed to enable the user to form a reasonable belief that a consumer report relates to the consumer about whom it has requested the report, when the user receives a notice of address discrepancy.

A user must develop and implement reasonable policies and procedures for furnishing an address for the consumer that the user has reasonably confirmed is accurate to the consumer reporting agency from whom it received the notice of address discrepancy when the user can form a reasonable belief that the consumer re- port relates to the consumer about whom the user requested the report, establishes a continuing relationship with the consumer, and regularly and in the ordinary course of business furnishes in- formation to the consumer reporting agency from which the notice of address discrepancy relating to the consumer was obtained.

16 C.F.R. 641.1(b), (c)(1), (d)(1)

Disposal of Records

Any person, including a college district, who maintains or otherwise possesses consumer information for a business purpose must properly dispose of such information by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.

“Consumer information” means any record about an individual, whether in paper, electronic, or other form, that is a consumer re- port or is derived from a consumer report. Consumer information also means a compilation of such records. Consumer information does not include information that does not identify individuals, such as aggregate information or blind data.

“Dispose,” “disposing,” or “disposal” means discarding or abandoning of consumer information, or the sale, donation, or transfer of any medium, including computer equipment, upon which consumer information is stored.

Reasonable measures to protect against unauthorized access to or use of consumer information in connection with its disposal include the following examples. These examples are illustrative only and are not exclusive or exhaustive methods for complying with the rule in 16 C.F.R. Part 682:

1.       Implementing and monitoring compliance with policies and procedures that require the burning, pulverizing, or shredding of papers containing consumer information so the information cannot practicably be read or reconstructed;

2.       Implementing and monitoring compliance with policies and procedures that require the destruction or erasure of electronic media containing a consumer report so that the information cannot practicably be read or reconstructed; or

3.       After due diligence, entering into and monitoring compliance with a contract with another party engaged in the business of record destruction to dispose of material, specifically identified as consumer information, in a manner consistent with this rule.

16 C.F.R. 682.1(b)-(c), .3

1 Texas Attorney General’s Child Support Division: https://www.texasat- torneygeneral.gov/child-support