81R8151 TJS-F
By: Solomons H.B. No. 1201
A BILL TO BE ENTITLED
AN ACT
relating to liability of an in-home service company or residential
delivery company for negligent hiring.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 145.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 145.002. CRIMINAL HISTORY BACKGROUND CHECK. Before
associating with or hiring an officer, employee, or prospective
employee in a position whose duties include entry into another
person's residence, an [An] in-home service company or residential
delivery company shall:
(1) obtain from the Department of Public Safety or a
private vendor approved by the department and offering services
comparable to the services offered by the department all criminal
history record information relating to the [an] officer, employee,
or prospective employee; or
(2) ascertain that the person holds in good standing
an occupational license issued by a licensing authority in this
state that has, before issuing or renewing the license, performed a
criminal history background check [of the company whose job duties
require or will require entry into another person's residence].
SECTION 2. Sections 145.003(a) and (b), Civil Practice and
Remedies Code, are amended to read as follows:
(a) This section applies only to an action against an
in-home service company or residential delivery company that:
(1) arises out of a criminal act or omission by an
officer or employee of the company as to whom the company has
obtained [is required to obtain] criminal history record
information under Section 145.002(1) [145.002];
(2) is brought by or on behalf of a person whose home
the officer or employee entered while in the performance of the
employee's job duties, without regard to where the criminal act or
omission occurred; and
(3) seeks damages from the company for the negligent
hiring of the officer or employee.
(b) In an action to which this section applies, an in-home
service company or residential delivery company is rebuttably
presumed to have not acted negligently if:
(1) at the time a person was hired, the company
obtained criminal history record information regarding the officer
or employee under Section 145.002(1); and
(2) the criminal history record information shows
that, in the 20 years preceding the date the information was
obtained for a felony or in the 10 years preceding the date the
information was obtained for a Class A or Class B misdemeanor, the
officer or employee had not been convicted of, or placed on deferred
adjudication for:
(A) an offense in this state classified as:
(i) an offense against the person or the
family;
(ii) an offense against property; or
(iii) public indecency; or
(B) an offense in another jurisdiction that would
be classified in a category described by Paragraph (A) if the
offense had occurred in this state.
SECTION 3. The change in law made by this Act applies only
to an action that accrues on or after the effective date of this
Act. An action that accrues before the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.