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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the liability of persons who employ persons |
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with criminal convictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 142 to read as follows: |
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CHAPTER 142. LIMITATION ON LIABILITY FOR HIRING |
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CERTAIN EMPLOYEES |
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Sec. 142.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means a person other than an |
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independent contractor who, for compensation, performs services |
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for an employer under a written or oral contract for hire, whether |
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express or implied. |
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(2) "Independent contractor" has the meaning assigned |
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by Section 91.001, Labor Code. |
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Sec. 142.002. LIMITATION ON LIABILITY FOR HIRING EMPLOYEE |
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CONVICTED OF OFFENSE. (a) A cause of action may not be brought |
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against an employer, general contractor, premises owner, or other |
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third party solely for negligently hiring or failing to adequately |
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supervise an employee, based on evidence that the employee has been |
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convicted of an offense. |
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(b) This section does not preclude a cause of action for |
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negligent hiring or the failure of an employer, general contractor, |
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premises owner, or other third party to provide adequate |
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supervision of an employee, if: |
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(1) the employer, general contractor, premises owner, |
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or other third party knew or should have known of the conviction; |
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and |
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(2) the employee was convicted of: |
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(A) an offense that was committed while |
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performing duties substantially similar to those reasonably |
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expected to be performed in the employment, or under conditions |
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substantially similar to those reasonably expected to be |
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encountered in the employment, taking into consideration the |
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factors listed in Sections 53.022 and 53.023(a), Occupations Code, |
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without regard to whether the occupation requires a license; |
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(B) an offense listed in Section 3g, Article |
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42.12, Code of Criminal Procedure; or |
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(C) a sexually violent offense, as defined by |
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Article 62.001, Code of Criminal Procedure. |
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(c) The protections provided to an employer, general |
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contractor, premises owner, or third party under this section do |
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not apply in a suit concerning the misuse of funds or property of a |
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person other than the employer, general contractor, premises owner, |
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or third party by an employee if, on the date the employee was |
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hired, the employee had been convicted of a crime that includes |
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fraud or the misuse of funds or property as an element of the |
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offense, and it was foreseeable that the position for which the |
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employee was hired would involve discharging a fiduciary |
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responsibility in the management of funds or property. |
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(d) This section does not create a cause of action or expand |
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an existing cause of action. |
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SECTION 2. Chapter 142, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. A cause of action that |
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accrues before the effective date of this Act is governed by the law |
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in effect immediately before that date, and the former law is |
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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, 2013. |