79R2962 MFC-D

By:  Solomons                                                     H.B. No. 852



A BILL TO BE ENTITLED

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.  An 
in-home service company or residential delivery company shall 
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 of the company whose job duties require or will require 
entry into another person's residence.
	SECTION 4.  Section 411.1181(b), Government Code, as added 
by Chapter 228, Acts of the 78th Legislature, Regular Session, 
2003, 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 5.  (a)  The change in law made by Section 1 of this 
Act to Section 145.001, Civil Practice and Remedies Code, 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 that law is continued in effect 
for that purpose.
	(b)  Sections 3 and 4 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 6.  This Act takes effect September 1, 2005.