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AN ACT
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relating to the liability of in-home service companies and |
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residential delivery companies for negligent hiring. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 145.001, Civil Practice and Remedies |
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Code, is amended by adding Subdivision (1-a) to read as follows: |
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�������������(1-a)��"Residence" means a person's principal or |
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ordinary home or dwelling place and includes: |
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�������������������(A)��any garage that is attached to the home or |
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dwelling place; and |
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�������������������(B)��any construction area that is attached to and |
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accessible from the inhabited area or the attached garage of the |
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home or dwelling place. |
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�������SECTION�2.��Chapter 145, Civil Practice and Remedies Code, |
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is amended by adding Section 145.0015 to read as follows: |
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�������Sec.�145.0015.��SHORT TITLE. This chapter may be cited as |
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the Sue Weaver Act. |
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�������SECTION�3.��Section 145.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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�������Sec.�145.002.��CRIMINAL HISTORY BACKGROUND CHECK.��Before |
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associating with or hiring an officer, employee, or prospective |
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employee in a position whose duties include entry into another |
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person's residence, an [An] in-home service company or residential |
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delivery company shall: |
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�������������(1)��obtain from the Department of Public Safety or a |
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private vendor [approved by the department and offering services
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comparable to the services offered by the department] all criminal |
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history record information relating to an officer, employee, or |
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prospective employee; or |
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�������������(2)��ascertain that the person holds in good standing |
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an occupational license issued by a licensing authority in this |
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state that has, before issuing or renewing the license, performed a |
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criminal history background check [of the company whose job duties
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require or will require entry into another person's residence]. |
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�������SECTION�4.��Subsections (a) and (b), Section 145.003, Civil |
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Practice and Remedies Code, are amended to read as follows: |
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�������(a)��This section applies only to an action against an |
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in-home service company or residential delivery company that: |
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�������������(1)��arises out of a criminal act or omission by an |
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officer or employee of the company as to whom the company has |
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obtained [is required to obtain] criminal history record |
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information under Section 145.002(1) [145.002]; |
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�������������(2)��is brought by or on behalf of a person whose home |
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the officer or employee entered while in the performance of the |
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employee's job duties, without regard to where the criminal act or |
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omission occurred; and |
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�������������(3)��seeks damages from the company for the negligent |
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hiring of the officer or employee. |
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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)��at the time a person was hired, the company |
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obtained criminal history record information regarding the officer |
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or employee under Section 145.002(1); and |
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�������������(2)��the criminal history record information shows |
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that, in the 20 years preceding the date the information was |
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obtained for a felony or in the 10 years preceding the date the |
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information was obtained for a Class A or Class B misdemeanor, the |
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officer or employee had not been convicted of, or placed on deferred |
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adjudication for: |
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�������������������(A)��an offense in this state classified as: |
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�������������������������(i)��an offense against the person or the |
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family; |
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�������������������������(ii)��an offense against property; or |
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�������������������������(iii)��public indecency; or |
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�������������������(B)��an offense in another jurisdiction that would |
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be classified in a category described by Paragraph (A) if the |
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offense had occurred in this state. |
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�������SECTION�5.��Subsection (b), Section 411.1181, Government |
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Code, is amended to read as follows: |
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�������(b)��An in-home service company or residential delivery |
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company is entitled to obtain from the Department of Public Safety |
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[or a private vendor approved by the department and offering
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services comparable to the services offered by the department] |
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criminal history record information maintained by the department |
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that relates to: |
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�������������(1)��an officer of or person employed by the company |
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whose job duties require entry into another person's residence; or |
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�������������(2)��an applicant to whom an offer of employment is made |
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for a position of employment with the company, the job duties of |
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which require entry into another person's residence. |
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�������SECTION�6.��(a)��The changes in law made by Sections 1 and 4 |
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of this Act to Sections 145.001 and 145.003, Civil Practice and |
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Remedies Code, apply only to a cause of action that accrues on or |
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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 that law is continued in |
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effect for that purpose. |
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�������(b)��Sections 3 and 5 of this Act apply only to criminal |
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history background check information obtained by an in-home service |
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company or residential delivery company on or after the effective |
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date of this Act. Criminal history background check information |
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obtained before the effective date of this Act is governed by the |
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law in effect immediately before that date, and that law is |
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continued in effect for that purpose. |
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�������SECTION�7.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�627 passed the Senate on |
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March�19,�2009, by the following vote: Yeas�31, Nays�0; and that |
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the Senate concurred in House amendments on May�29,�2009, by the |
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following vote: Yeas�31, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�627 passed the House, with |
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amendments, on May�20,�2009, by the following vote: Yeas�136, |
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Nays�0, one present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |