H.B. No. 1188
AN ACT
relating to limiting the liability of persons who employ persons
with criminal convictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 142 to read as follows:
CHAPTER 142. LIMITATION ON LIABILITY FOR HIRING
CERTAIN EMPLOYEES
Sec. 142.001. DEFINITIONS. In this chapter:
(1) "Employee" means a person other than an
independent contractor who, for compensation, performs services
for an employer under a written or oral contract for hire, whether
express or implied.
(2) "Independent contractor" has the meaning assigned
by Section 91.001, Labor Code.
Sec. 142.002. LIMITATION ON LIABILITY FOR HIRING EMPLOYEE
CONVICTED OF OFFENSE. (a) A cause of action may not be brought
against an employer, general contractor, premises owner, or other
third party solely for negligently hiring or failing to adequately
supervise an employee, based on evidence that the employee has been
convicted of an offense.
(b) This section does not preclude a cause of action for
negligent hiring or the failure of an employer, general contractor,
premises owner, or other third party to provide adequate
supervision of an employee, if:
(1) the employer, general contractor, premises owner,
or other third party knew or should have known of the conviction;
and
(2) the employee was convicted of:
(A) an offense that was committed while
performing duties substantially similar to those reasonably
expected to be performed in the employment, or under conditions
substantially similar to those reasonably expected to be
encountered in the employment, taking into consideration the
factors listed in Sections 53.022 and 53.023(a), Occupations Code,
without regard to whether the occupation requires a license;
(B) an offense listed in Section 3g, Article
42.12, Code of Criminal Procedure; or
(C) a sexually violent offense, as defined by
Article 62.001, Code of Criminal Procedure.
(c) The protections provided to an employer, general
contractor, premises owner, or third party under this section do
not apply in a suit concerning the misuse of funds or property of a
person other than the employer, general contractor, premises owner,
or third party by an employee if, on the date the employee was
hired, the employee had been convicted of a crime that includes
fraud or the misuse of funds or property as an element of the
offense, and it was foreseeable that the position for which the
employee was hired would involve discharging a fiduciary
responsibility in the management of funds or property.
(d) This section does not create a cause of action or expand
an existing cause of action.
SECTION 2. Chapter 142, Civil Practice and Remedies Code,
as added by this Act, applies 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 the former 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1188 was passed by the House on April
25, 2013, by the following vote: Yeas 134, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1188 was passed by the Senate on May
17, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor