Texas House Bill HB3327

Texas 2011 - 82nd Regular

• Out of House Committee: 4/26/11
• Introduced: 3/11/11
• Refer: 3/18/11

Caption

Relating to limiting the liability of persons who employ license holders with criminal convictions.

Impact

The bill has significant implications for state laws concerning employment and occupational licensing. It aims to foster a more favorable employment environment for those with criminal histories by reducing the risk of legal repercussions for employers. However, the provisions also include certain safeguards; for instance, while previous convictions cannot be used as evidence against employers in negligent hiring cases, they can still be introduced in actions concerning inadequate supervision, provided the employer had prior knowledge of the conviction. This nuanced approach attempts to balance the need for reducing liability while ensuring accountability in the workplace. It is intended to help reintegrate former offenders into the workforce, aligning with broader goals of criminal justice reform.

Summary

House Bill 3327 seeks to limit the liability of employers who hire individuals holding licenses but have previous criminal convictions. This bill specifically amends the Occupations Code to create protections for employers in cases of negligent hiring lawsuits. Under the new provisions, a cause of action could not be established against employers solely based on the hiring of a licensed individual with a criminal record, thereby changing the landscape for how businesses approach hiring practices involving licensed professionals with such backgrounds. The intent behind this legislation appears to be to encourage employers to consider hiring qualified individuals regardless of past infractions, thus promoting inclusivity in the workforce.

Contention

Despite its intent, HB 3327 raises concerns regarding public safety and the potential risk of hiring individuals with serious offenses. Critics may argue that the bill could lead to employers hiring individuals without proper consideration of their criminal history, which might result in riskier workplace environments, specifically in sectors where trust and safety are paramount. The exemptions for certain types of offenses, such as fraud or misuse of funds, indicate an acknowledgment of these risks; however, the debate likely centers around whether the bill sufficiently protects the interests of both employers and the public. Proponents of stronger background checks may lobby against the bill, emphasizing the importance of thorough vetting for positions that involve significant responsibilities or access to sensitive information.