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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of an in-home service company or residential |
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delivery company for negligent hiring. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 145.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 145.002. CRIMINAL HISTORY BACKGROUND CHECK. Before |
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associating with or hiring an officer, employee, or prospective |
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employee in a position whose duties include entry into another |
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person's residence, an [An] in-home service company or residential |
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delivery company shall: |
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(1) obtain from the Department of Public Safety or a |
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private vendor approved by the department and offering services |
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comparable to the services offered by the department all criminal |
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history record information relating to the [an] officer, employee, |
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or prospective employee; or |
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(2) ascertain that the person holds in good standing |
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an occupational license issued by a licensing authority in this |
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state that has, before issuing or renewing the license, performed a |
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criminal history background check [of the company whose job duties
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require or will require entry into another person's residence]. |
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SECTION 2. Sections 145.003(a) and (b), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) This section applies only to an action against an |
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in-home service company or residential delivery company that: |
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(1) arises out of a criminal act or omission by an |
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officer or employee of the company as to whom the company has |
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obtained [is required to obtain] criminal history record |
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information under Section 145.002(1) [145.002]; |
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(2) is brought by or on behalf of a person whose home |
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the officer or employee entered while in the performance of the |
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employee's job duties, without regard to where the criminal act or |
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omission occurred; and |
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(3) seeks damages from the company for the negligent |
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hiring of the officer or employee. |
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(b) In an action to which this section applies, an in-home |
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service company or residential delivery company is rebuttably |
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presumed to have not acted negligently if: |
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(1) at the time a person was hired, the company |
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obtained criminal history record information regarding the officer |
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or employee under Section 145.002(1); and |
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(2) the criminal history record information shows |
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that, in the 20 years preceding the date the information was |
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obtained for a felony or in the 10 years preceding the date the |
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information was obtained for a Class A or Class B misdemeanor, the |
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officer or employee had not been convicted of, or placed on deferred |
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adjudication for: |
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(A) an offense in this state classified as: |
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(i) an offense against the person or the |
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family; |
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(ii) an offense against property; or |
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(iii) public indecency; or |
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(B) an offense in another jurisdiction that would |
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be classified in a category described by Paragraph (A) if the |
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offense had occurred in this state. |
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SECTION 3. The change in law made by this Act applies only |
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to an action that accrues on or after the effective date of this |
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Act. An action that accrues before the effective date of this Act |
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is governed by the law in effect immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |