Austin adopted a Fair Chance Hiring Ordinance in 2016. It covers private employers with 15 or more employees and restricts criminal history questions and background checks before a conditional offer. It also requires an individualized assessment and written notice before an employer takes adverse action based on a record. The city's Office of Civil Rights still lists the ordinance as in effect and accepts complaints. However, a 2023 state law, House Bill 2127, added section 1.005 to the Texas Labor Code. That section bars cities from adopting, enforcing or maintaining ordinances that regulate hiring. Several Texas cities challenged HB 2127. An appeals court ruled against them in 2025, and a petition for review was filed in the Texas Supreme Court in 2026, so the ordinance's enforceability is uncertain.
The federal Fair Credit Reporting Act is not affected by that dispute. An employer must get your written permission before ordering a background check. Before rejecting you based on it, the employer must give you a copy and a summary of rights. Background check and tenant screening companies must use reasonable procedures to report accurately and must reinvestigate disputes.
Common errors include a record that belongs to someone with a similar name and a dismissed or deferred case shown as a conviction. Cases from the metro are filed in the Western District of Texas, Austin Division.
Where Austin FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Austin are heard in one federal district:
- Western District of TexasAll five metro counties: Travis, Williamson, Hays, Bastrop and Caldwell (Austin Division). Courthouses: Austin.Our attorneys are admitted here
Local and state rules in Austin
- Austin Fair Chance Hiring Ordinance (City of Austin Ordinance No. 20160324-019)
Adopted in 2016 for private employers with 15 or more employees in Austin. It restricts criminal history questions and background checks before a conditional offer and requires an individualized assessment and written notice before adverse action. The city still lists it as in effect, but a 2023 state law, HB 2127 (Texas Labor Code § 1.005), bars cities from enforcing ordinances that regulate hiring, so its enforceability is in doubt. Read it - Travis County hiring policy (Travis County Commissioners Court action (April 22, 2008))
Removed the criminal conviction question from the Travis County employment application. Criminal background checks are run later in hiring and only for positions that require them. It covers county jobs only. Read it
State law also applies: see Texas Background Check Error Lawyers.
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Is Austin's Fair Chance Hiring Ordinance still enforced?
The City of Austin still lists the ordinance as in effect and accepts complaints through its Office of Civil Rights. A 2023 state law, HB 2127, bars cities from enforcing ordinances that regulate hiring, and a challenge to that law was taken to the Texas Supreme Court in 2026. The federal FCRA's background check rules apply either way.
Do I have a right to see a background check before an Austin employer rejects me?
Yes. Under the FCRA, an employer that plans to take adverse action based on a background report must first give you a copy of the report and a summary of your rights. This gives you a chance to point out errors. You can also dispute errors directly with the background check company.
A background check matched me to someone else's record. Can I sue?
Background check companies must use reasonable procedures to ensure records belong to the right person. Matching by name alone, without checking other identifiers such as date of birth, can lead to errors. If a company reported someone else's record as yours, or failed to fix it after your dispute, you may have an FCRA claim.
How long do I have to file an FCRA lawsuit in Austin?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. Census Bureau, Metropolitan and Micropolitan Statistical Area Population Totals: 2020–2025
- U.S. District Court for the Western District of Texas, Jurisdiction and Venue
- 28 U.S.C. § 124 (judicial districts of Texas)
- City of Austin, Fair Chance Hiring
- Texas Legislature, HB 2127 (88th Legislature), enrolled text
- Third Court of Appeals, State of Texas v. City of Houston, No. 03-23-00531-CV (docket)
- Ogletree Deakins, Austin Passes Ban-the-Box Ordinance (2016)
- Texas Municipal League, HB 2127 litigation white paper
- 15 U.S.C. § 1681b (employment reports)
- 15 U.S.C. § 1681e (accuracy of consumer reports)
- 15 U.S.C. § 1681s-2 (duties of furnishers)
- Travis County Commissioners Court, voting session transcript (Apr. 22, 2008), revision of county employment application
Updated November 2026. This page is general information, not legal advice.