Texas Civil Practice and Remedies Code

§ 142.002 — LIMITATION ON LIABILITY FOR HIRING EMPLOYEE CONVICTED OF OFFENSE

CP § 142.002Title 6. MISCELLANEOUS PROVISIONS · Ch. 142. LIMITATION ON LIABILITY FOR HIRING

Statute text

(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 Article 42A.054, Code of Criminal Procedure; or

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.02, eff. January 1, 2017.