By: Ogden S.B. No. 1489
(In the Senate - Filed March 13, 2003; March 20, 2003, read
first time and referred to Committee on Health and Human Services;
April 14, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 14, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1489 By: Janek
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 a religious or
denominational institution or organization, including an
organization operated for religious, educational, or charitable
purposes and operated, supervised, or controlled, in whole or in
part, by or in connection with a religious organization.
(b) The department shall develop a program to recruit and
retain foster parents from faith-based organizations. As part of
the program, the department shall:
(1) collaborate with faith-based organizations to
inform prospective foster parents about 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;
(2) provide training for prospective foster parents
recruited under this section; and
(3) identify and recommend ways in which faith-based
organizations may support persons as they are recruited, are
trained, and serve as foster parents.
Sec. 264.114. IMMUNITY FROM LIABILITY. (a) A faith-based
organization, including the organization's employees and
volunteers, that participates in a program under this chapter is
subject to civil liability as provided by Chapter 84, Civil
Practice and Remedies Code.
(b) A faith-based organization that provides financial or
other assistance to a foster parent or to a member of the foster
parent's household is not liable for damages arising out of the
conduct of the foster parent or a member of the foster parent's
household.
SECTION 2. The change in law made by Section 264.114, Family
Code, as added 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 immediately before the effective date
of this Act, and the former 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.
* * * * *