81R8153 TJS-F
 
  By: Carona S.B. No. 627
 
  Substitute the following for S.B. No. 627:
 
  By:  Branch C.S.S.B. No. 627
 
 
 
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. Before
  associating with or hiring an officer, employee, or prospective
  employee in a position whose duties include entry into another
  person's residence an [An] in-home service company or residential
  delivery company shall:
               (1)  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 the [an] officer, employee,
  or prospective employee; or
               (2)  ascertain that the person holds in good standing
  an occupational license issued by a licensing authority in this
  state that has, before issuing or renewing the license, performed a
  criminal history background check [of the company whose job duties
  require or will require entry into another person's residence].
         SECTION 4.  Sections 145.003(a) and (b), Civil Practice and
  Remedies Code, are amended to read as follows:
         (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 has
  obtained [is required to obtain] criminal history record
  information under Section 145.002(1) [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
  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 rebuttably
  presumed to have not acted negligently if:
               (1)  at the time a person was hired, the company
  obtained criminal history record information regarding the officer
  or employee under Section 145.002(1); and
               (2)  the criminal history record information shows
  that, in the 20 years preceding the date the information was
  obtained for a felony or in the 10 years preceding the date the
  information was obtained for a Class A or Class B misdemeanor, the
  officer or employee had not been convicted of, or placed on deferred
  adjudication for:
                     (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 5.  Section 411.1181(b), Government Code, 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 6.  (a)  The changes in law made by Sections 1 and 4
  of this Act to Sections 145.001 and 145.003, Civil Practice and
  Remedies Code, apply 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 5 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 7.  This Act takes effect September 1, 2009.