Texas Senate Bill SB627

Texas 2009 - 81st Regular

• Out of Senate Committee: 3/13/09
• Voted on by Senate: 3/19/09
• Out of House Committee: 5/11/09
• Voted on by House: 5/20/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the liability of in-home service companies and residential delivery companies for negligent hiring.

Impact

The bill establishes that in-home service and delivery companies will not be held liable for negligent hiring if they comply with state regulations requiring licensing and if they conduct criminal background checks on their employees. This change is intended to alleviate the burden on companies by providing them with a level of legal protection when employing individuals whose criminal history meets certain standards. The implications of this bill could enhance the operational capabilities of such companies, allowing them to hire with more confidence, potentially increasing employment opportunities in the sector.

Summary

SB627 proposes amendments to the Civil Practice and Remedies Code related to the liability of in-home service companies and residential delivery companies concerning negligent hiring practices. The bill introduces a rebuttable presumption that protects these companies from being deemed negligent if they adhere to specific criteria regarding the licensing and criminal history of their employees. This legislative move aims to provide a clearer legal framework for these companies while fostering accountability in hiring practices.

Contention

While SB627 appears to support businesses in protecting against liability claims, it may also raise concerns among consumer advocacy groups regarding the adequacy of background checks. Critics fear that establishing a presumption of non-negligence might create gaps in accountability, leading to situations where companies may not thoroughly vet their employees. The extent to which this bill may impact victims of negligence cases, particularly in the context of residential services and deliveries, is likely to be a point of discussion among stakeholders as the bill progresses through the legislative process.