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A BILL TO BE ENTITLED
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AN ACT
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relating to a rebuttable presumption regarding liability of an |
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in-home service company or residential delivery company for |
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negligent hiring. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 145.003, Civil Practice and Remedies |
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Code, is amended by amending Subsection (b) and adding Subsection |
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(b-1) to read as follows: |
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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) the officer or employee described by Section |
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145.002 is required by state law to be licensed, registered, or |
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certified by a state agency and: |
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(A) the initial licensing, registration, or |
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certification process for that officer or employee, and any renewal |
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requirements for the license, registration, or certification, |
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authorize the state agency to obtain the officer's or employee's |
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criminal history record information; |
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(B) the state agency actually obtained the |
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officer's or employee's criminal history record information; and |
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(C) the state agency and the officer or employee |
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have complied with the initial license, registration, or |
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certification requirements and the license, registration, or |
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certification; or |
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(2) the company obtained criminal history record |
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information regarding the officer or employee. [; and] |
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(b-1) The [(2) the] criminal history record information |
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required by Subsection (b) must show [shows] that, in the 20 years |
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preceding the date the information was obtained for a felony or in |
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the 10 years preceding the date the information was obtained for a |
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misdemeanor, the officer or employee had not been convicted of: |
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(1) [(A)] an offense in this state classified as: |
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(A) [(i)] an offense against the person or the |
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family; |
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(B) [(ii)] an offense against property; or |
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(C) [(iii)] public indecency; or |
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(2) [(B)] an offense in another jurisdiction that |
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would be classified in a category described by Subdivision (1) |
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[Paragraph (A)] if the offense had occurred in this state. |
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SECTION 2. The change in law made by this Act to Section |
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145.003, Civil Practice and Remedies Code, applies only to an |
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action that accrues on or after the effective date of this Act. An |
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action that accrues before the effective date of this Act is covered |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 3. 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. |