By:  Ogden                                                        S.B. No. 1489

A BILL TO BE ENTITLED
AN ACT
relating to recruiting foster parents from certain organizations and immunity from liability of those organizations. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 264, Family Code, is amended by adding Sections 264.113 and 264.114 to read as follows: Sec. 264.113. FOSTER PARENT RECRUITMENT. (a) In this section "faith-based organization" means an organization exempt from federal income tax under Section 501(a) of the Internal Revenue Code by being listed as an exempt organization in Section 501(c)(3) of that code and organized for religious purposes. (b) The department shall develop a statewide program to recruit and/or retain foster parents from faith-based organizations. As part of the program, the department shall: (1) communicate to prospective foster parents under this section the department's need for foster parents, the requirements for becoming a foster parent, and any other aspect of the foster care program that is necessary to recruit foster parents; and (2) provide training for prospective foster parents recruited under this section. Sec. 264.114. IMMUNITY FROM LIABILITY. (a) A faith-based organization that participates in a program under this section and the organization's volunteers and employees shall be immune from liability as provided in Chapter 84, Civil Practice and Remedies Code. (b) A faith-based organization that provides financial or other assistance to a person who is a foster parent or to members of the person's household is not liable for damages arising out of conduct of the foster parent or members of the person's household. SECTION 2. This Act applies only to liability for conduct that occurs on or after the effective date of this Act. Liability for conduct that occurs before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.