CHAPTER 145. LIABILITY FOR NEGLIGENT HIRING BY IN-HOME SERVICE COMPANIES AND RESIDENTIAL DELIVERY COMPANIES
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 145. LIABILITY FOR NEGLIGENT HIRING BY IN-HOME SERVICE
COMPANIES AND RESIDENTIAL DELIVERY COMPANIES
Sec. 145.001. DEFINITIONS. In this chapter:
(1) "In-home service company" means a person who employs a
person to enter another person's residence and for a fee repair:
(A) an appliance;
(B) the residence's heating, air-conditioning, and ventilation
system;
(C) the residence's plumbing system; or
(D) the residence's electrical system.
(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.
(2) "Residential delivery company" means a person who employs a
person to, for a fee:
(A) deliver an item to another person's residence; and
(B) enter the residence to place, assemble, or install the item.
Added by Acts 2003, 78th Leg., ch. 228, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
751, Sec. 1, eff. September 1, 2009.
Sec. 145.0015. SHORT TITLE. This chapter may be cited as the
Sue Weaver Act.
Added by Acts 2009, 81st Leg., R.S., Ch.
751, Sec. 2, eff. September 1, 2009.
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 in-home service company or residential
delivery company shall:
(1) obtain from the Department of Public Safety or a private
vendor all criminal history record information relating to 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.
Added by Acts 2003, 78th Leg., ch. 228, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
751, Sec. 3, eff. September 1, 2009.
Sec. 145.003. PRESUMPTION OF NO NEGLIGENCE. (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
criminal history record information under Section 145.002(1);
(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.
(c) A residential delivery company or an in-home service company
that sends two or more employees together into a residence shall
be deemed to have complied with the requirement in Section
145.002 as long as at least one of those employees has been
checked as described in Section 145.002 and, while they are in
the residence, that employee accompanies and directly supervises
any employee who has not been checked, and the residential
delivery company or in-home service company maintains a record of
the identity of any such nonchecked employee for at least two
years.
Added by Acts 2003, 78th Leg., ch. 228, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
751, Sec. 4, eff. September 1, 2009.
Sec. 145.004. PRESUMPTION OF NO NEGLIGENCE FOR PERSONS UTILIZING
A RESIDENTIAL DELIVERY COMPANY OR IN-HOME SERVICE COMPANY. A
person who contracts with a residential delivery company to
deliver an item or who contracts with an in-home service company
to place, assemble, repair, or install an item referred to in
Section 145.001(1), is rebuttably presumed to have not acted
negligently in doing so if:
(1) the residential delivery company or in-home service company
is in compliance with Section 145.003(b); or
(2) the person who contracts with the residential delivery
company or in-home service company requests that the company
obtain a criminal history background check described by Section
145.002 on any employee of the company being sent to deliver,
place, assemble, repair, or install an item and the person's
request is in writing and is delivered to the company prior to
the company's employee being sent. A copy of any such request
shall be maintained for at least two years.
Added by Acts 2003, 78th Leg., ch. 228, Sec. 1, eff. Sept. 1,
2003.