§ 142.002.Limitation on Liability for Hiring Employee Convicted of Offense

Title 6. Miscellaneous Provisions · Chapter 142. Limitation on Liability for Hiring Certain Employees · Last amended 2017 · Last verified August 29, 2026

In one sentenceSection 142.002 bars a negligent hiring claim based solely on an employee’s criminal conviction, with exceptions for related offenses, serious crimes, and fiduciary positions.

Full Text of § 142.002

Text sizeJump to: (a) (b) (c) (d)

(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

(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.

End

Plain-English Summary

A protection for employers who hire people with records, and it is carefully bounded on both sides.

Subsection (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.

"Solely" carries the whole rule. The conviction alone cannot be the case. Evidence of anything else — poor supervision, warnings ignored, conduct on the job — supports an ordinary claim, and the conviction may still be part of the picture.

Subsection (b) restores the claim in two situations, and both conditions must hold: the defendant knew or should have known of the conviction, and the conviction was for one of three categories.

(A) An offense committed while performing substantially similar duties, or under substantially similar conditions to the employment — assessed using the Occupations Code factors on criminal convictions and licensing, without regard to whether the occupation requires a license. This is the job-relatedness test, and it is the one that matters most.

(B) An offense listed in the Code of Criminal Procedure’s 3g list — the most serious violent offenses. (C) A sexually violent offense as defined for the sex offender registry.

Subsection (c) removes the protection entirely for financial positions. Where the suit concerns misuse of funds or property of someone other than the employer, and the employee had a conviction with fraud or misuse of funds or property as an element, and it was foreseeable the position would involve discharging a fiduciary responsibility — the section does not apply.

Subsection (d) is a limit on the whole chapter: it does not create a cause of action or expand an existing one. The section only takes away.

Frequently Asked Questions

Can an employer be sued for hiring someone with a criminal record?

Not solely on the basis of the conviction. Evidence beyond the conviction supports an ordinary negligent hiring or supervision claim.

When does the protection fall away?

Where the employer knew or should have known of the conviction and it was for a job-related offense, a listed serious violent offense, or a sexually violent offense.

Does it protect against claims about handling money?

Not where the employee had a conviction with fraud or misuse of funds as an element and it was foreseeable the role involved fiduciary responsibility over funds or property.

Does the chapter create any new claim?

No. Subsection (d) says it does not create a cause of action or expand an existing one.

Amendment History

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.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source