Background check basics for HR in Texas.
Texas background checks: 7 years convictions (bus. & com. code §20.05), disclosure and authorization mechanics, and the state statutes that layer on top of FCRA.
What changes in Texas
- 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.
"Review our FCRA disclosure and authorization form for standalone compliance. Focus on Texas."
Ask this in Ask HR AIPractitioner steps for Texas
- Step 1. Use the Texas report lookback correctly: 7 years convictions (Bus. & Com. Code §20.05).
- Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any TX-specific consent language required.
- Step 3. Respect the Texas ban-the-box trigger (Statewide (HB 2466, eff. Sept 1, 2025) + Austin ordinance) before running any criminal search.
- Step 4. Check TX statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.
Applicable Texas statutes and references
- Bus. & Com. Code §20.05
- HB 2466 (2025)
- Gov. Code §411 (DPS access)
- Austin Fair Chance Hiring Ordinance
- 15 U.S.C. §1681 et seq. (federal FCRA)
Frequently asked (federal + Texas overlay)
Do I need a separate FCRA disclosure?
Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.
Can I include a liability release in the disclosure?
No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.
How current does authorization need to be?
One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.
Related Texas topics
- FCRA adverse action in Texas
- Ban-the-Box and Fair Chance hiring in Texas
- Wage and hour in Texas
- Leaves and accommodations in Texas
Same topic in another state
- Background check basics for HR in Alabama
- Background check basics for HR in Alaska
- Background check basics for HR in Arizona
- Background check basics for HR in Arkansas
- Background check basics for HR in California
- Background check basics for HR in Colorado
- See all states
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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.