SRC-JBJ H.B. 560 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 560
77R3471 DAK-FBy: Keffer (Haywood)
Jurisprudence
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Individuals making the transition from public assistance to the workforce
often have difficulties finding transportation to and from work, training,
and child care, especially in rural areas without public transportation.
Many churches and charitable organizations are willing to provide these
services, but are hindered by the liability that may be incurred.  H.B. 560
limits the liability of a charitable religious organization in the practice
of certain transportation services.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 84, Civil Practice and Remedies Code, by adding
Section 84.0061, as follows: 

Sec. 84.0061.  ORGANIZATIONAL LIABILITY FOR TRANSPORTATION SERVICES
PROVIDED TO CERTAIN WELFARE RECIPIENTS.  (a)  Defines "religious charitable
organization." 

(b)  Provides that subject to Subsection (e), a religious charitable
organization that owns or leases a motor vehicle is not liable for damages
arising from the negligent use of the vehicle by a person to whom the
organization has entrusted the vehicle to provide transportation services
during the provision of those services described by Subsection (c) to
certain persons. 

(c)  Provides that transportation services include transportation to and
from the location of the work, employment, or any training activity or
program or provider of any child care services necessary for a person
described by Subsection (b)(1) to participate in the work, employment, or
training activity or program.  

(d)  Provides that except as expressly provided in Subsection (b), this
section does not limit, or in any way affect or diminish, other legal
duties or causes of action arising from the use of a motor vehicle,
including the condition of the vehicle itself and causes of action arising
under Chapter 41. 
 
(e)  Provides that this section does not apply to any claim arising from
injury, death, or property damage in which the operator of the vehicle was
intoxicated, as the term is defined in Section 49.01 (Definitions), Penal
Code. 
 
SECTION 2.  Effective date: upon passage or September 1, 2001.
            Makes application of this Act prospective.