Texas House Bill 705 to Become Effective September 1, 2003

Bill Concerns Negligent Hiring by In-home Service Companies and Residential Delivery Companies.

Minneapolis, MN - August 4, 2003 — Texas House Bill 705 is scheduled to become effective on September 1, 2003. This bill requires employers who send employees into another person’s residence to obtain a special criminal history check from the Texas Department of Public Safety. The statute specifies that this special check must include any misdemeanor records for 10 years and felony records for 20 years. The statute then further stipulates what type of felony and/or misdemeanor record would preclude employment at an in-home service company.

Initial communication from the Texas Department of Public Safety indicates that background screening companies and other third party providers may not conduct this special criminal history check. Employers must conduct this special criminal check; they cannot appoint an “agent” such as a background screening company to do the check on their behalf. The standard Texas Statewide check, which is a search of the Texas Department of Public Safety Conviction Database, does not meet the requirements of this statute.

Questions regarding how an employer may get direct access to this special database should be directed to the Texas Department of Public Safety at (512) 424-2079. The text of the bill is available at: www.capitol.state.tx.us/tlo/78r/billtext/HB00705F.HTM

As we continue to investigate this matter, we will inform you of any new information obtained. If you have questions, please contact your Account Executive or your Client Representative at (800) 247-0717.