The Sue Weaver Act

Most people assume that the in-home service tech, repair person, residential delivery person or maid services called out to their home have been background checked and properly licensed.  This is not always the case.  This due diligence falls on the business or company employing the worker and sending them to your residence.  It is commonly referred to in Texas as the Sue Weaver Act.  Its legal name is Civil Practice and Remedies Code, Title 6. Miscellaneous Provisions, Chapter 145. Liability for Negligent Hiring by In-Home Service Companies and Residential Delivery Companies.  The Sue Weaver Act refers to Cathy Sue Weaver who was brutally raped and murdered by an air-duct cleaning serviceman in 2001.  Her story and more about her organization can be found here:

The civil practice calls for a criminal background check to be performed on employees of in-home service companies for a period of the last 20-years for felonies and last 10-years for misdemeanors.  Some out-of-state CRAs (Consumer Reporting Agency) may not be aware of some these State laws or run the base 7-year check as stated in the FCRA (Fair Credit Report Act).  Additionally, some companies opt to run a national database criminal search which may miss some data.  A more accurate county criminal search would be best for this home services industry and running it outside the State of employment as well.  A county criminal for Texas would review all 254 counties, but what would be best is to run it in all 3,142 counties in the United States.

Be sure to review your state and local laws to ensure you are compliant and receiving the best search for your needs by your Screening Company.  With the number of counties out there an Unlimited County Criminal Search is the answer.  We have a good one, give us a call to find out more.