Sec. 142.002. LIMITATION ON LIABILITY FOR HIRING EMPLOYEE CONVICTED OF OFFENSE. (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.
Text of subsection effective until January 01, 2017
(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 Section 3g, Article 42.12, Code of Criminal Procedure; or
(C) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.
Text of subsection effective on January 01, 2017
(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
(C) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.
(c) The protections provided to an employer, general contractor, premises owner, or third party under this section do not apply in a suit concerning the misuse of funds or property of a person other than the employer, general contractor, premises owner, or third party by an employee if, on the date the employee was hired, the employee had been convicted of a crime that includes fraud or the misuse of funds or property as an element of the offense, and it was foreseeable that the position for which the employee was hired would involve discharging a fiduciary responsibility in the management of funds or property.
(d) This section does not create a cause of action or expand an existing cause of action.
Added by Acts 2013, 83rd Leg., R.S., Ch. 287 (H.B. 1188), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.02, eff. January 1, 2017.
Section: Previous 142.001Last modified: September 28, 2016