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.



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