1-1 AN ACT
1-2 relating to the liability of certain religious charitable
1-3 organizations for transportation services provided to certain
1-4 welfare recipients.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 84, Civil Practice and Remedies Code, is
1-7 amended by adding Section 84.0061 to read as follows:
1-8 Sec. 84.0061. ORGANIZATIONAL LIABILITY FOR TRANSPORTATION
1-9 SERVICES PROVIDED TO CERTAIN WELFARE RECIPIENTS. (a) In this
1-10 section, "religious charitable organization" means a charitable
1-11 organization that is also a "religious organization" as the term is
1-12 defined by Section 464.051, Health and Safety Code.
1-13 (b) Subject to Subsection (e), a religious charitable
1-14 organization that owns or leases a motor vehicle is not liable for
1-15 damages arising from the negligent use of the vehicle by a person
1-16 to whom the organization has entrusted the vehicle to provide
1-17 transportation services during the provision of those services
1-18 described by Subsection (c) to a person who:
1-19 (1) is a recipient of:
1-20 (A) financial assistance under Chapter 31, Human
1-21 Resources Code; or
1-22 (B) nutritional assistance under Chapter 33,
1-23 Human Resources Code; and
1-24 (2) is participating in or applying to participate in:
2-1 (A) a work or employment activity under Chapter
2-2 31, Human Resources Code; or
2-3 (B) the food stamp employment and training
2-4 program.
2-5 (c) Transportation services include transportation to and
2-6 from the location of the:
2-7 (1) work, employment, or any training activity or
2-8 program; or
2-9 (2) provider of any child-care services necessary for
2-10 a person described by Subsection (b)(1) to participate in the work,
2-11 employment, or training activity or program.
2-12 (d) Except as expressly provided in Subsection (b), this
2-13 section does not limit, or in any way affect or diminish, other
2-14 legal duties or causes of action arising from the use of a motor
2-15 vehicle, including the condition of the vehicle itself and causes
2-16 of action arising under Chapter 41.
2-17 (e) This section does not apply to any claim arising from
2-18 injury, death, or property damage in which the operator of the
2-19 vehicle was intoxicated, as the term is defined in Section 49.01,
2-20 Penal Code.
2-21 SECTION 2. (a) This Act takes effect immediately if it
2-22 receives a vote of two-thirds of all the members elected to each
2-23 house, as provided by Section 39, Article III, Texas Constitution.
2-24 If this Act does not receive the vote necessary for immediate
2-25 effect, this Act takes effect September 1, 2001.
2-26 (b) This Act applies only to a cause of action that accrues
2-27 on or after the effective date of this Act. An action that accrued
3-1 before the effective date of this Act is governed by the law
3-2 applicable to the action immediately before the effective date of
3-3 this Act, and that law is continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 560 was passed by the House on April
27, 2001, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 560 was passed by the Senate on May
18, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor