83R6332 CAE-F
 
  By: Thompson of Harris, Perry, Miles H.B. No. 1188
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to limiting the liability of persons who employ persons
  with criminal convictions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 6, Civil Practice and Remedies Code, is
  amended by adding Chapter 142 to read as follows:
  CHAPTER 142.  LIMITATION ON LIABILITY FOR HIRING
  CERTAIN EMPLOYEES
         Sec. 142.001.  DEFINITIONS. In this chapter:
               (1)  "Employee" means a person other than an
  independent contractor who, for compensation, performs services
  for an employer under a written or oral contract for hire, whether
  express or implied.
               (2)  "Independent contractor" has the meaning assigned
  by Section 91.001, Labor Code.
         Sec. 142.002.  LIMITATION ON LIABILITY FOR HIRING EMPLOYEE
  CONVICTED OF OFFENSE.  (a)  A cause of action may not be brought
  against an employer, general contractor, premises owner, or other
  third party solely for negligently hiring or failing to adequately
  supervise an employee, based on evidence that the employee has been
  convicted of an offense.
         (b)  This section does not preclude a cause of action for
  negligent hiring or the failure of an employer, general contractor,
  premises owner, or other third party to provide adequate
  supervision of an employee, if:
               (1)  the employer, general contractor, premises owner,
  or other third party knew or should have known of the conviction;
  and
               (2)  the employee was convicted of:
                     (A)  an offense that was committed while
  performing duties substantially similar to those reasonably
  expected to be performed in the employment, or under conditions
  substantially similar to those reasonably expected to be
  encountered in the employment, taking into consideration the
  factors listed in Sections 53.022 and 53.023(a), Occupations Code,
  without regard to whether the occupation requires a license;
                     (B)  an offense listed in Section 3g, Article
  42.12, Code of Criminal Procedure; or
                     (C)  a sexually violent offense, as defined by
  Article 62.001, Code of Criminal Procedure.
         (c)  The protections provided to an employer, general
  contractor, premises owner, or third party under this section do
  not apply in a suit concerning the misuse of funds or property of a
  person other than the employer, general contractor, premises owner,
  or third party by an employee if, on the date the employee was
  hired, the employee had been convicted of a crime that includes
  fraud or the misuse of funds or property as an element of the
  offense, and it was foreseeable that the position for which the
  employee was hired would involve discharging a fiduciary
  responsibility in the management of funds or property.
         (d)  This section does not create a cause of action or expand
  an existing cause of action.
         SECTION 2.  Chapter 142, Civil Practice and Remedies Code,
  as added by this Act, applies 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 the former 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, 2013.