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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of entities contracted with the |
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Department of Family and Protective Services to provide |
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community-based care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.170, Family Code, is amended to read |
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as follows: |
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Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM |
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CONTRACTOR OR OTHER ENTITY CONTRACTED TO PROVIDE COMMUNITY-BASED |
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CARE AND RELATED PERSONNEL. (a) A nonprofit entity that contracts |
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with the department to provide community-based care or to provide |
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community-based care services as a single source continuum |
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contractor under this subchapter is considered to be a charitable |
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organization for the purposes of Chapter 84, Civil Practice and |
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Remedies Code, with respect to the provision of those services, and |
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that chapter applies to the entity and any person who is an employee |
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or volunteer of the entity. |
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(b) The limitations on liability provided by this section |
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apply: |
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(1) only to an act or omission by the entity or person, |
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as applicable, that occurs: |
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(A) while the entity or person is acting within |
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the course and scope of the entity's contract with the department; |
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or |
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(B) while the person is acting within the course |
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and scope of [and] the person's duties for the entity; and |
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(2) only if insurance coverage in the minimum amounts |
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required by Chapter 84, Civil Practice and Remedies Code, is in |
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force and effect at the time a cause of action for personal injury, |
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death, or property damage accrues. |
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(c) An entity or person described by Subsection (a) may not |
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be held liable for damages in excess of the amounts provided by |
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Section 84.006, Civil Practice and Remedies Code, for a claim of |
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negligence in the supervision or treatment of a child in the |
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entity's custody or control unless the claimant establishes by |
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clear and convincing evidence that the entity or person failed to |
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comply with laws or rules regarding the supervision or treatment of |
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children. |
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(d) An entity or person described by Subsection (a) may not |
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be held liable for damages in excess of the amounts provided by |
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Section 84.006, Civil Practice and Remedies Code, for a claim of |
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negligence in the hiring, training, supervision, or retention of an |
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employee or volunteer unless the claimant establishes by clear and |
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convincing evidence that the entity or person failed to comply |
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with: |
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(1) the terms of the entity's contract with the |
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department; or |
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(2) laws or rules applicable to child-care facilities, |
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as defined by Section 42.002, Human Resources Code. |
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(e) An entity described by Subsection (a) may not be held |
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liable under a theory of vicarious liability for damages in excess |
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of the amounts provided by Section 84.006, Civil Practice and |
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Remedies Code, if the claim is based on an employee's or a |
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volunteer's conduct that is intentional or done with conscious |
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indifference or reckless disregard for the safety of others. |
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SECTION 2. Section 264.170, Family Code, as amended by this |
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Act, applies only to a cause of action that accrues on or after the |
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effective date of this Act. A cause of action that accrued before |
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the effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |