TEXAS CRIMINAL JUSTICE COALITION
House Bill 1188
83rd Legislative Session
Implementation Guide
H.B. 1188 (Thompson, Senfronia) [SP: Whitmire]: RelaƟng to limiƟng the liability of persons who
employ persons with criminal convicƟons.
Lessened Liability Helps Employers and
Opens Opportunities for the Formerly Incarcerated
The doctrine of respondeat superior (La n for “let the master answer”) is based on the employer-employee
rela onship. Employers can be held liable for “foreseeable” negligence if an employee commits a criminal act.
Since people cannot foresee what any person will do, employers scan a person’s history for indicators of future
ac ons; for many employers, a criminal history is enough reason to deny someone a job. This policy not only
hurts the employment chances of people with criminal records, it limits the applicant pool available to employers.
H.B. 1188, which limits the liability of employers who hire people with criminal records, will provide employers
with a wider pool of poten al employees. It also lessens the barriers faced by people with criminal records
– especially the formerly incarcerated, many of whom face severe restric ons against employment, housing,
and many forms of government aid.
What does H.B. λλςς intend to do?
In all other cases, a cause of
ac on can be brought only if the
employee was previously convicted
of an offense while “performing
du es substan ally similar to
those reasonably expected to be
performed in the employment . . .”
This means that an employer who
hires someone convicted of DWI to
deliver pizzas is leaving his business
open to liability if the employee has
a car wreck, but hiring someone
convicted of burglary would not
carry the same danger.
PercentofEmployersLikelytoHireBasedonIncentives
H.B. 1188 gives business owners – whether employers, general contractors, premises owners, or other third
par es – with more hiring op ons by limi ng their liability on charges of negligently hiring or failing to
adequately supervise an employee who has a criminal convic on. However, the bill does not totally eliminate
liability. Causes of ac on s ll can be permi ed for offenses commi ed by employees in the rou ne performance
of their du es if the business owner knew or should have known of the convic on and the convic on is for
a sexually violent offense, or an act
under 3(g), Ar cle 42.12, Texas Code
IncentivesEmployersIdentifiedasHavingthePowerto
of Criminal Procedure, commonly
IncreaseTheirHiringofExͲOffenders
known as aggravated offenses.
90
80
70
60
50
40
30
20
10
0
Protectionfrom Protectionfrom
CriminalLiability CivilLiability
FederalTax
Incentives
TypeofIncentive
StateTax
Incentives
Communication
withParole
Officer
Ch shows
Chart
h
iincenƟ
Ɵves that
h would
ld increase
i
employers’
l
’ willingness
illi
to consider
id hi
hiring
i
individuals with a criminal record. Data based on TCJC’s 2012 survey of Texas employers.
1714 FORTVIEW ROAD, SUITE 104, AUSTIN, TX 78704  (512) 441-8123  www.TexasCJC.org
TEXAS CRIMINAL JUSTICE COALITION
HB 1188 I MP LE ME NTATIO N G UID E
83 R D LEG IS LATI V E S E SS I O N
PA G E 2
Studies show that previously incarcerated individuals who are employed are three to five mes less likely to
reoffend,1 making it impera ve – for them, their families, their communi es, and the public safety at large –
that we do all we can to remove barriers to their employment.
How can I help implement H.B. λλςς?
Business Groups
Organiza ons composed of business owners should no fy their members of the benefits of hiring people
with criminal histories, which include the protec ons under H.B. 1188. A list of those benefits is provided in
the box below.
Nonprofit Organizations That Offer Training to People with Criminal Histories
These organiza ons should develop brochures, handouts, or similar wri en materials that inform individuals
availing themselves of employment training of the four bullet points below, especially the dictates of H.B.
1188. Employers need not worry about liability if they hire people with criminal histories, especially if they
s ck with the bill’s guidelines.
Texas Trial Lawyers AssociaƟon, Texas Criminal Defense Lawyers AssociaƟon, and Similar Groups
A orneys belonging to these groups should develop wri en materials similar to the above, and provide their
clients with this informa on.
Benefits to Employers Who Hire People with Criminal Records
1

Under the Work Opportunity Tax Credit, employers can earn a tax credit of between $1,200 and
$9,600 for hiring someone who has been convicted of a felony.

Under the Federal Bonding Program, employers who hire individuals with criminal records can receive a
bond, up to $5,000, that insures the employer against any type of the , forgery, larceny, or embezzlement.

As a result of recent legisla on, Texas licensing agencies cannot deny commercial, professional, or
occupa onal licenses to individuals who have convic ons for Class C misdemeanors or who have
completed successful deferred adjudica ons, thus easing employer concerns about licensing of
possible employees.

Also as a result of legisla on, employers can no longer be sued for cause merely because they hire an
employee who has a criminal history and that individual commits another crime.
Goodwill Industries of Central Texas, Annual Report 2007, h p://www.aus ngoodwill.org/media/literature/
Annual%20Report%202007%20Web.pdf.
1714 FORTVIEW ROAD, SUITE 104, AUSTIN, TX 78704  (512) 441-8123  www.TexasCJC.org