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78R2923 KCR-D

By:  Riddle                                                       H.B. No. 828



A BILL TO BE ENTITLED

AN ACT

relating to criminal history records searches for volunteers in 
children's organized sports; imposing civil liability on certain 
persons and organizations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 80, Human Resources Code, is amended by 
adding Section 80.002 to read as follows:
	Sec. 80.002.  CRIMINAL HISTORY RECORDS SEARCH FOR VOLUNTEERS 
IN CHILDREN'S ORGANIZED SPORTS; LIABILITY FOR CONDUCT OF 
VOLUNTEERS.  (a)  In this section:
		(1)  "Children's organized sports" means any athletic 
activity:      
			(A)  in which persons who are younger than 18 
years of age are the primary intended participants; and
			(B)  that is sponsored, organized, or supervised 
by an entity one of whose primary purposes or functions is to 
sponsor, organize, or supervise athletic, civic, or cultural 
activities for persons who are younger than 18 years of age.
		(2)  "Criminal history records search" means a search 
of the criminal convictions database and the sex offender 
registration database maintained by the Department of Public 
Safety.
		(3)  "Volunteer" means a person who, without 
compensation or expectation of compensation, coaches, officiates, 
or supervises children engaged in children's organized sports.
	(b)  A person or organization sponsoring, organizing, or 
supervising children's organized sports shall conduct a criminal 
history records search with respect to each person volunteering or 
seeking to volunteer in children's organized sports.
	(c)  A person or organization sponsoring children's 
organized sports is liable in a civil action for damages for 
personal injury, death, or property damage that is a result of a 
volunteer's action or omission if the action or omission:
		(1)  occurs during a children's organized sports 
activity or in the course and scope of the volunteer's duties; and
		(2)  could have been reasonably foreseen as a result of 
a criminal history records search conducted under Subsection (b).
	SECTION 2.  Section 84.007, Civil Practice and Remedies 
Code, is amended by adding Subsection (h) to read as follows:
	(h)  This chapter does not apply to liability created under 
Section 80.002, Human Resources Code.
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to a 
cause of action that accrues on or after the effective date of this 
Act.  A cause of action that accrues before the effective date of 
this Act is governed by the law in effect at the time the action 
accrued, and the former law is preserved for that purpose.