SRC-JEC H.B. 705 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 705
By: Solomons (Nelson)
State Affairs
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Currently, there is no incentive in statute for "in-home service" or
"residential delivery" companies to perform background checks on their
employees.  H.B. 705 creates a rebuttable presumption on any criminal act
committed by an employee that the company did not act negligently if it
performed a criminal background check on the employee with a clear result. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 6, Civil Practice and Remedies Code, by adding
Chapter 145, as follows: 

CHAPTER 145.  LIABILITY FOR NEGLIGENT HIRING BY IN-HOME SERVICE
 COMPANIES AND RESIDENTIAL DELIVERY COMPANIES

Sec. 145.001.  DEFINITIONS.  Defines "in-home service company" and
"residential delivery company." 

Sec. 145.002.  CRIMINAL HISTORY BACKGROUND CHECK.  Requires an in-home
service company or residential delivery company to obtain from the
Department of Public Safety (DPS) or a private vendor approved by DPS and
offering services comparable to the services offered by DPS all criminal
history record information relating to an officer, employee, or
prospective employee of the company whose job duties require or will
require entry into another person's residence. 

Sec. 145.003.  PRESUMPTION OF NO NEGLIGENCE.  (a)  Provides that this
section applies only to an action against an in-home service company or
residential delivery company that has certain characteristics. 

(b)  Provides that 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 certain conditions apply. 

Sec. 145.004.  PRESUMPTION OF NO NEGLIGENCE FOR PERSONS UTILIZING A
RESIDENTIAL DELIVERY COMPANY OR IN-HOME SERVICE COMPANY. Provides that a
person who contracts with a residential delivery company to deliver an
item or who contracts with an in-home service company to place, assemble,
repair, or install an item referred to in Section 145.001(1), is
rebuttably presumed to have not acted negligently in doing so if certain
conditions apply. 

SECTION 2.  Amends Subchapter F, Chapter 411, Government Code, by adding
Section 411.1181,  as follows: 

Sec. 411.1181.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION; APPLICANTS
FOR EMPLOYMENT. (a)  Defines "in-home service company" and "residential
delivery company." 

(b)  Entitles an in-home service company or residential delivery company
to obtain from DPS or a private vendor approved by DPS and offering
services comparable to the services offered by DPS criminal history record
information maintained by DPS that relates to an officer of or person
employed by the company whose job duties require entry into another
person's residence, or 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. 

(c)  Prohibits criminal history record information obtained by an in-home
service company or residential delivery company under Subsection (b) from
being released or disclosed to any person except on court order, upon
proper discovery request during litigation or with the consent of the
person who is the subject of the criminal history record information. 

(d)  Requires the in-home service company or residential delivery company
to destroy criminal history record information that relates to a person no
sooner than two years after the person's office or employment with the
company ends or the company determines not to employ the person, as
applicable. 

SECTION 3.  Makes application of Chapter 145, Civil Practice and Remedies
Code, as added by this Act, prospective to September 1, 2003. 

SECTION 4.  Effective date:  September 1, 2003.