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