Texas HR guidance for practitioners.
Pick a topic below to see the federal rule, the TX statute, and the practitioner steps Ask HR AI walks you through in a session.
Texas at a glance
- Report lookback: 7 years convictions (Bus. & Com. Code §20.05). The Texas Business and Commerce Code §20.05 incorporates the FCRA seven-year cap into state law for non-convictions; convictions may be reported beyond seven years for positions paying $75,000+.
- Ban-the-box: Statewide (HB 2466, eff. Sept 1, 2025) + Austin ordinance. HB 2466, effective September 1, 2025, is Texas's first statewide fair-chance statute. Public and private employers with 15 or more employees may not inquire about criminal history until the employer has determined the applicant is otherwise qualified, offered an interview, or extended a conditional offer. Independent contractors and gig workers are outside the statute, and roles where law requires a criminal-history check — law enforcement, healthcare, childcare, and certain financial-services positions — are carved out. Austin's Fair Chance Hiring Ordinance (private employers with 15+ workers) still layers on top.
- Salary history: No restriction. No statewide salary-history ban.
- Cannabis: Illegal (limited medical). Texas Compassionate Use Program permits low-THC medical use; no recreational legalization and no off-duty protection.
Texas topics
FCRA adverse action in Texas
The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.
Read the TX guideBan-the-Box and Fair Chance hiring in Texas
When employers may ask about criminal history, individualized assessment requirements, and the state and city ordinances that add rules on top of federal EEOC guidance.
Read the TX guideWage and hour in Texas
FLSA exempt vs non-exempt classification, overtime rules, meal and rest breaks, off-the-clock work, and state daily-overtime rules that overlay the federal floor.
Read the TX guideLeaves and accommodations in Texas
Coordinating FMLA, ADA reasonable accommodation, workers' comp, pregnancy accommodation, and state paid family and medical leave programs.
Read the TX guideDrug testing and marijuana in Texas
Pre-employment, reasonable-suspicion, and post-accident drug testing across states with off-duty cannabis protections and safety-sensitive carve-outs.
Read the TX guidePay transparency and pay equity in Texas
State and city pay range disclosure laws, pay equity analyses, and how to respond to an applicant's compensation question.
Read the TX guideHarassment prevention and training in Texas
Mandatory sexual harassment training in CA, NY, IL, CT, DE, ME, WA — plus prevention policies, complaint channels, and Faragher/Ellerth defenses.
Read the TX guideBackground check basics for HR in Texas
What a compliant employment background check includes, FCRA disclosure and authorization, and how to interpret common report components.
Read the TX guideRelated SafestHires resources for Texas
- Texas background-check rules — the underlying state-screening reference.
- Texas FACIS® healthcare screening — Medicaid exclusion and licensing boards.
- All states — jump to another state.