81R2074 TJS-F
By: Carona S.B. No. 627
A BILL TO BE ENTITLED
AN ACT
relating to a rebuttable presumption regarding 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 145.003(b), Civil Practice and Remedies
Code, is amended to read as follows:
(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) an officer or employee of the company is required
by state law to be licensed, registered, or certified by a state
agency; the licensing, registration, or certification process
requires the state agency to obtain the officer's or employee's
criminal history record information; and the license,
registration, or certificate renewal requirements have been
complied with by the officer or employee; or
(2) the company obtained criminal history record
information regarding the officer or employee[;] 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 misdemeanor, the officer or employee
had not been convicted of:
(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 2. The change in law made by this Act to Section
145.003, Civil Practice and Remedies Code, 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 covered
by the law in effect immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
SECTION 3. 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.