1-1 By: Keffer (Senate Sponsor - Haywood) H.B. No. 560 1-2 (In the Senate - Received from the House April 30, 2001; 1-3 May 1, 2001, read first time and referred to Committee on 1-4 Jurisprudence; May 10, 2001, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; May 10, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the liability of certain religious charitable 1-9 organizations for transportation services provided to certain 1-10 welfare recipients. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 84, Civil Practice and Remedies Code, is 1-13 amended by adding Section 84.0061 to read as follows: 1-14 Sec. 84.0061. ORGANIZATIONAL LIABILITY FOR TRANSPORTATION 1-15 SERVICES PROVIDED TO CERTAIN WELFARE RECIPIENTS. (a) In this 1-16 section, "religious charitable organization" means a charitable 1-17 organization that is also a "religious organization" as the term is 1-18 defined by Section 464.051, Health and Safety Code. 1-19 (b) Subject to Subsection (e), a religious charitable 1-20 organization that owns or leases a motor vehicle is not liable for 1-21 damages arising from the negligent use of the vehicle by a person 1-22 to whom the organization has entrusted the vehicle to provide 1-23 transportation services during the provision of those services 1-24 described by Subsection (c) to a person who: 1-25 (1) is a recipient of: 1-26 (A) financial assistance under Chapter 31, Human 1-27 Resources Code; or 1-28 (B) nutritional assistance under Chapter 33, 1-29 Human Resources Code; and 1-30 (2) is participating in or applying to participate in: 1-31 (A) a work or employment activity under Chapter 1-32 31, Human Resources Code; or 1-33 (B) the food stamp employment and training 1-34 program. 1-35 (c) Transportation services include transportation to and 1-36 from the location of the: 1-37 (1) work, employment, or any training activity or 1-38 program; or 1-39 (2) provider of any child care services necessary for 1-40 a person described by Subsection (b)(1) to participate in the work, 1-41 employment, or training activity or program. 1-42 (d) Except as expressly provided in Subsection (b), this 1-43 section does not limit, or in any way affect or diminish, other 1-44 legal duties or causes of action arising from the use of a motor 1-45 vehicle, including the condition of the vehicle itself and causes 1-46 of action arising under Chapter 41. 1-47 (e) This section does not apply to any claim arising from 1-48 injury, death, or property damage in which the operator of the 1-49 vehicle was intoxicated, as the term is defined in Section 49.01, 1-50 Penal Code. 1-51 SECTION 2. (a) This Act takes effect immediately if it 1-52 receives a vote of two-thirds of all the members elected to each 1-53 house, as provided by Section 39, Article III, Texas Constitution. 1-54 If this Act does not receive the vote necessary for immediate 1-55 effect, this Act takes effect September 1, 2001. 1-56 (b) This Act applies only to a cause of action that accrues 1-57 on or after the effective date of this Act. An action that accrued 1-58 before the effective date of this Act is governed by the law 1-59 applicable to the action immediately before the effective date of 1-60 this Act, and that law is continued in effect for that purpose. 1-61 * * * * *