Texas Civil Practice and Remedies Code

§ 145.003 — PRESUMPTION OF NO NEGLIGENCE

CP § 145.003Title 6. MISCELLANEOUS PROVISIONS · Ch. 145. LIABILITY FOR NEGLIGENT HIRING BY IN-HOME SERVICE COMPANIES AND RESIDENTIAL DELIVERY COMPANIES

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(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

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Legislative history

Acts 2009, 81st Leg., R.S., Ch. 751 (S.B. 627), Sec. 4, eff. September 1, 2009.