By:  Villarreal                                                   H.B. No. 2935



A BILL TO BE ENTITLED

AN ACT

relating to state liability for conduct of certain child-placement 
agencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 104.001, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 104.001.  STATE LIABILITY; PERSONS COVERED.  In a cause 
of action based on conduct described in Section 104.002, the state 
shall indemnify the following persons, without regard to whether 
the persons performed their services for compensation, for actual 
damages, court costs, and attorney's fees adjudged against:
		(1)  an employee, a member of the governing board, or 
any other officer of a state agency, institution, or department;
		(2)  a former employee, former member of the governing 
board, or any other former officer of a state agency, institution, 
or department who was an employee or officer when the act or 
omission on which the damages are based occurred;
		(3)  a physician or psychiatrist licensed in this state 
who was performing services under a contract with any state agency, 
institution, or department or a racing official performing services 
under a contract with the Texas Racing Commission when the act or 
omission on which the damages are based occurred;
		(4)  a chaplain or spiritual advisor who was performing 
services under contract with the Texas Department of Criminal 
Justice, the Texas Youth Commission, or the Texas Juvenile 
Probation Commission when the act or omission on which the damages 
are based occurred;
		(5)  a person serving on the governing board of a 
foundation, corporation, or association at the request and on 
behalf of an institution of higher education, as that term is 
defined by Section 61.003(8), Education Code, not including a 
public junior college;
		(6)  a state contractor who signed a waste manifest as 
required by a state contract; [or]
		(7)  the estate of a person listed in this section; or                 
		(8)  a social service agency that:                                     
			(A)  is nationally accredited by the Council of 
Accreditation or the Joint Commission on Accreditation of 
Healthcare Organizations; and
			(B)  serves children under the conservatorship of 
the state through a contract with the Department of Protective and 
Regulatory Services.
	SECTION 2.  Section 42.049(e), Human Resources Code, is 
amended to read as follows:
	(e)  This section does not apply to:                                    
		(1)  a group day-care home or a listed or registered 
family home; or
		(2)  a social service agency described by Section 
104.0011, Civil Practice and Remedies Code.
	SECTION 3.  Section 104.001, Civil Practice and Remedies 
Code, as amended by this Act, applies only to damages awarded 
against a social service agency on or after the effective date of 
this Act.  Damages awarded against a social service agency before 
the effective date of this Act are governed by the law in effect 
immediately before that date, and that law is continued in effect 
for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.