Relating to liability of an in-home service company or residential delivery company for negligent hiring.
The bill amends Section 145.002 of the Civil Practice and Remedies Code by instituting a standard process for obtaining criminal history information. By implementing these background checks, the bill seeks to establish a rebuttable presumption of non-negligence for companies, provided they comply with the background check requirements. This shift can significantly affect how these service companies manage their hiring processes, potentially leading to more stringent evaluation of candidates but also may limit their liability in cases of negligent hiring, thus altering the landscape of accountability.
House Bill 1201 pertains to the liability of in-home service companies and residential delivery companies concerning negligent hiring practices. The bill introduces specific requirements for these companies by mandating them to conduct criminal history background checks on potential employees whose duties include entering a person's residence. This legislation is aimed at enhancing consumer safety by ensuring that individuals hired for such positions have undergone thorough background checks prior to employment, consequently reducing the risk of harm to homeowners.
Notably, there may be contention regarding the balance between ensuring safety and the administrative burden imposed on in-home service companies. Some stakeholders could argue that the requirements place additional costs and processes on small businesses which may hinder their ability to hire quickly and efficiently. Concerns may also arise regarding how the bill could impact employment rates in this sector, particularly for individuals who may have past criminal records but are rehabilitated. The potential implications for civil liberties—along with fears of discrimination based on past offenses—may also be discussed as the legislature considers this bill.