Texas House Bill HB1188

Texas 2013 - 83rd Regular

Caption

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

Impact

The bill is expected to have significant implications on the employment landscape in Texas. By reducing the liability around hiring practices, the legislation may help improve employment opportunities for those with criminal records, who often face barriers when seeking work. This aligns with broader efforts to facilitate reintegration into society for individuals who have served their sentences. However, the bill does put specific limitations in place to ensure that employers maintain a duty of care in hiring processes, especially if the crime is pertinent to the job responsibilities.

Summary

House Bill 1188 seeks to limit the liability of employers regarding the hiring of individuals with criminal convictions. Specifically, the bill introduces Chapter 142 to the Civil Practice and Remedies Code, which establishes that employers cannot be held liable solely for hiring employees with criminal histories, except in certain circumstances. This is aimed at encouraging employers to consider hiring individuals with past convictions without fear of litigation simply based on their criminal records.

Contention

While proponents argue that HB 1188 offers necessary protections for employers and promotes fair hiring practices, critics may voice concerns about safety and responsibility. The bill does not absolve employers from all liability; they could still be held accountable if they were aware of an employee's relevant criminal background and failed to take appropriate actions. Therefore, the legislation finds itself at the crossroads of promoting second chances while maintaining necessary safeguards for the workplace.