2005 Texas Civil Practice & Remedies Code CHAPTER 145. LIABILITY FOR NEGLIGENT HIRING BY IN-HOME SERVICE COMPANIES AND RESIDENTIAL DELIVERY COMPANIES


CIVIL PRACTICE & REMEDIES CODE
CHAPTER 145. LIABILITY FOR NEGLIGENT HIRING BY IN-HOME SERVICE COMPANIES AND RESIDENTIAL DELIVERY COMPANIES
§ 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. (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, § 1, eff. Sept. 1, 2003. § 145.002. CRIMINAL HISTORY BACKGROUND CHECK. An in-home service company or residential delivery company shall obtain from the Department of Public Safety or a private vendor approved by the department and offering services comparable to the services offered by the department all criminal history record information relating to an officer, employee, or prospective employee of the company whose job duties require or will require entry into another person's residence. Added by Acts 2003, 78th Leg., ch. 228, § 1, eff. Sept. 1, 2003. § 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 is required to obtain criminal history record information under Section 145.002; (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) the company obtained criminal history record information regarding the officer or employee; 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 misdemeanor, the officer or employee had not been convicted of: (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, § 1, eff. Sept. 1, 2003. § 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, § 1, eff. Sept. 1, 2003.

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