81R2074 TJS-F

By: Carona S.B. No. 627

A BILL TO BE ENTITLED

AN ACT

relating to a rebuttable presumption regarding liability of an in-home service company or residential delivery company for negligent hiring.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 145.003(b), Civil Practice and Remedies Code, is amended to read as follows:

(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) an officer or employee of the company is required by state law to be licensed, registered, or certified by a state agency; the licensing, registration, or certification process requires the state agency to obtain the officer's or employee's criminal history record information; and the license, registration, or certificate renewal requirements have been complied with by the officer or employee; or

(2) the company obtained criminal history record information regarding the officer or employee[;] 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 misdemeanor, 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. The change in law made by this Act to Section 145.003, Civil Practice and Remedies Code, applies only to an action that accrues on or after the effective date of this Act. An action that accrues before the effective date of this Act is covered by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.