By Keffer                                              H.B. No. 560
         77R3471 DAK-F                           
                                A BILL TO BE ENTITLED
 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.