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.