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Amend CSHB 41 by adding the following appropriately numbered
SECTIONS to the bill and renumbering subsequent SECTIONS of the
bill accordingly:
SECTION ___. Subchapter D, Chapter 161, Human Resources
Code, is amended by adding Section 161.075 to read as follows:
Sec. 161.075. IMMUNITY FOR AREA AGENCIES ON AGING AND
AGENCY EMPLOYEES AND VOLUNTEERS. (a) In this section:
(1) "Area agency on aging" means an agency described
by 42 U.S.C. Section 3002(17) and through which the department
ensures the implementation of services and volunteer opportunities
for older persons in this state as provided by Section
161.071(5)(A).
(2) "Texas nonprofit organization" means a nonprofit
corporation:
(A) that is organized under the Texas Non-Profit
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
Statutes); and
(B) the funding of which is managed by an
organization that is exempt from federal income tax under Section
501(a) of the Internal Revenue Code of 1986 by being listed as an
exempt organization in Section 501(c)(3) of that code.
(3) "Volunteer" means a person who:
(A) renders services for or on behalf of an area
agency on aging under the supervision of an area agency on aging
employee; and
(B) does not receive compensation that exceeds
the authorized expenses the person incurs in performing those
services.
(b) An area agency on aging that conducts an election on
behalf of a Texas nonprofit organization is not civilly or
criminally liable for any act or omission, including an act or
omission relating to verifying the qualifications of candidates and
determining and reporting election results, that relates to a duty
or responsibility with respect to conducting the election if the
agency acted in good faith and within the scope of the agency's
authority.
(c) An area agency on aging employee or volunteer who
performs an act related to the conduct of an election described by
Subsection (b) is not civilly or criminally liable for the act or
any omission that relates to a duty or responsibility with respect
to conducting the election if the person acted in good faith and
within the scope of the person's authority.
SECTION ___. The change in law made by this Act with respect
to the civil liability of an area agency on aging or an employee or
volunteer of the agency applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrued before the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION ___. The change in law made by this Act with respect
to the criminal liability of an area agency on aging or an employee
or volunteer of the agency applies only to an offense committed on
or after the effective date of this Act. For purposes of this
section, an offense is committed before the effective date of this
Act if any element of the offense occurs before that date. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose.
SECTION ___. Section 161.075, Human Resources Code, as
added by this Act, is an exercise of authority under Section 66(c),
Article III, Texas Constitution, and takes effect only if this Act
receives a vote of three-fifths of all the members elected to each
house, as provided by Subsection (e) of that section.