78R1280 ESH-D

By:  Solomons                                                     H.B. No. 705



A BILL TO BE ENTITLED

AN ACT

relating to 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.  Title 6, Civil Practice and Remedies Code, is 
amended by adding Chapter 145 to read as follows:

CHAPTER 145.  LIABILITY FOR NEGLIGENT HIRING BY

IN-HOME SERVICE COMPANIES AND RESIDENTIAL DELIVERY COMPANIES
	Sec. 145.001.  DEFINITIONS.  In this chapter:                           
		(1)  "In-home service company" means a person who 
employs a person to enter another person's residence and for a fee 
repair:
			(A)  an appliance;                                                    
			(B)  the residence's heating, air conditioning, 
and ventilation system;
			(C)  the residence's plumbing system; or                              
			(D)  the residence's electrical system.                               
		(2)  "Residential delivery company" means a person who 
employs a person to, for a fee:
			(A)  deliver an item to another person's 
residence; and             
			(B)  enter the residence to place, assemble, or 
install the item.   
	Sec. 145.002.  CRIMINAL HISTORY BACKGROUND CHECK. An in-home 
service company or residential delivery company shall obtain from 
the Department of Public Safety all criminal history record 
information relating to an officer, employee, or prospective 
employee of the company whose regular job duties require or will 
require entry into another person's residence.
	Sec. 145.003.  IMMUNITY FROM LIABILITY.  (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 is 
required to obtain criminal history record information under 
Section 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 
officer's or 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 presumed to have 
not acted negligently if:
		(1)  the company obtained criminal history record 
information regarding the officer or employee; and
		(2)  the criminal history record information shows 
that, as of the date the information was obtained, the officer or 
employee had not been convicted of:
			(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 2.  Subchapter F, Chapter 411, Government Code, is 
amended by adding Section 411.1181 to read as follows:
	Sec. 411.1181.  ACCESS TO CRIMINAL HISTORY RECORD 
INFORMATION; APPLICANTS FOR EMPLOYMENT. (a)  In this section, 
"in-home service company" and "residential delivery company" have 
the meanings assigned by Section 145.001, Civil Practice and 
Remedies Code.
	(b)  An in-home service company or residential delivery 
company is entitled to obtain from the Department of Public Safety 
criminal history record information maintained by the department 
that relates to:
		(1)  an officer of or person employed by the company 
whose regular 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 regular duties of 
which require entry into another person's residence.
	(c)  Criminal history record information obtained by an 
in–home service company or residential delivery company under 
Subsection (b) may not be released or disclosed to any person except 
on court order or with the consent of the person who is the subject 
of the criminal history record information.
	(d)  The in-home service company or residential delivery 
company shall destroy criminal history record information that 
relates to a person after the person's office or employment with the 
company ends or the company determines not to employ the person, as 
applicable.
	SECTION 3.  Chapter 145, Civil Practice and Remedies Code, 
as added by this Act, applies only to a cause of action that accrues 
on or after September 1, 2003.  A cause of action that accrues 
before September 1, 2003, is governed by the law in effect at the 
time the cause of action accrued, and the former law is continued in 
effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.