By: Carona S.B. No. 627
(In the Senate - Filed February 2, 2009; February 23, 2009,
read first time and referred to Committee on State Affairs;
March 13, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 13, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 627 By: Carona
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, Civil Practice and Remedies
Code, is amended by amending Subsection (b) and adding Subsection
(b-1) 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) the officer or employee described by Section
145.002 is required by state law to be licensed, registered, or
certified by a state agency and:
(A) the initial licensing, registration, or
certification process for that officer or employee, and any renewal
requirements for the license, registration, or certification,
authorize the state agency to obtain the officer's or employee's
criminal history record information;
(B) the state agency actually obtained the
officer's or employee's criminal history record information; and
(C) the state agency and the officer or employee
have complied with the initial license, registration, or
certification requirements and the license, registration, or
certification; or
(2) the company obtained criminal history record
information regarding the officer or employee. [; and]
(b-1) The [(2) the] criminal history record information
required by Subsection (b) must show [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:
(1) [(A)] an offense in this state classified as:
(A) [(i)] an offense against the person or the
family;
(B) [(ii)] an offense against property; or
(C) [(iii)] public indecency; or
(2) [(B)] an offense in another jurisdiction that
would be classified in a category described by Subdivision (1)
[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.
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