S.B. No. 627
AN ACT
relating to the liability of in-home service companies and
residential delivery companies for negligent hiring.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 145.001, Civil Practice and Remedies
Code, is amended by adding Subdivision (1-a) to read as follows:
(1-a) "Residence" means a person's principal or
ordinary home or dwelling place and includes:
(A) any garage that is attached to the home or
dwelling place; and
(B) any construction area that is attached to and
accessible from the inhabited area or the attached garage of the
home or dwelling place.
SECTION 2. Chapter 145, Civil Practice and Remedies Code,
is amended by adding Section 145.0015 to read as follows:
Sec. 145.0015. SHORT TITLE. This chapter may be cited as
the Sue Weaver Act.
SECTION 3. 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 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 4. Subsections (a) and (b), Section 145.003, 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 5. Subsection (b), Section 411.1181, Government
Code, is amended to read as follows:
(b) An in-home service company or residential delivery
company is entitled to 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]
criminal history record information maintained by the department
that relates to:
(1) an officer of or person employed by the company
whose job duties require entry into another person's residence; or
(2) an applicant to whom an offer of employment is made
for a position of employment with the company, the job duties of
which require entry into another person's residence.
SECTION 6. (a) The changes in law made by Sections 1 and 4
of this Act to Sections 145.001 and 145.003, Civil Practice and
Remedies Code, apply only to a cause of action that accrues on or
after the effective date of this Act. A cause of action that
accrues before the effective date of this Act is governed by the law
in effect immediately before that date, and that law is continued in
effect for that purpose.
(b) Sections 3 and 5 of this Act apply only to criminal
history background check information obtained by an in-home service
company or residential delivery company on or after the effective
date of this Act. Criminal history background check information
obtained before the effective date of this Act is governed by the
law in effect immediately before that date, and that law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 627 passed the Senate on
March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 29, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 627 passed the House, with
amendments, on May 20, 2009, by the following vote: Yeas 136,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor