Texas Background check basics for HR — Ask HR AI

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: Local — Austin (private), Dallas (city contractors). No statewide ban-the-box. Austin's Fair Chance Hiring Ordinance applies to private employers with 15+ workers.
Salary history: No restriction. No statewide salary-history ban.

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"Review our FCRA disclosure and authorization form for standalone compliance. Focus on 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 (Local — Austin (private), Dallas (city contractors)) 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.

Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.

No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.

One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.

Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.