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                                  * * * * *