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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of nonprofit entities contracted with the |
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Department of Family and Protective Services or a single source |
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continuum contractor to provide foster care or adoption services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 84, Civil Practice and Remedies Code, is |
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amended by adding Section 84.0068 to read as follows: |
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Sec. 84.0068. LIABILITY OF SINGLE SOURCE CONTINUUM |
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CONTRACTORS OR CERTAIN NONPROFIT ENTITIES PROVIDING FOSTER CARE OR |
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ADOPTION SERVICES. (a) Subject to Subsection (b) and except as |
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provided by Subsection (c), an entity described by Section |
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264.170(a), Family Code, may not be held liable for damages in |
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excess of the amounts provided by Section 84.006 for any act or |
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omission by a person who is an employee or volunteer of the entity |
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or a caregiver or clinical professional providing services to the |
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entity if, for each person, the entity has: |
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(1) conducted timely criminal background checks as |
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required by law; |
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(2) before hiring, contracting with, or otherwise |
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enlisting the services of the person and then at least once every |
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five years, confirmed the person is not listed in a state registry |
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or database that indicates the person is ineligible to supervise or |
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treat children; |
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(3) reported any known allegation of misconduct by the |
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person as required by law; |
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(4) taken appropriate administrative or personnel |
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action in response to misconduct by the person; and |
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(5) required the person to complete training for: |
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(A) child sexual abuse prevention at least once |
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every five years; and |
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(B) the reporting of child abuse and neglect. |
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(b) An entity described by Section 264.170(a), Family Code, |
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may only be held vicariously liable by a claimant for the act or |
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omission of a person who is an employee or volunteer of the entity |
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or a caregiver or clinical professional providing services to the |
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entity if the claimant shows: |
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(1) the entity was not in substantial compliance with |
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a requirement described by Subsection (a); |
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(2) the requirement was designed to prevent the |
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specific type of harm alleged to have occurred; and |
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(3) the entity's failure to be in substantial |
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compliance with the requirement was a substantial factor in |
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bringing about the harm. |
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(c) Subsection (a) does not affect the liability of an |
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entity described by Section 264.170(a), Family Code, arising from |
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an act or omission by the entity that constitutes gross negligence. |
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SECTION 2. 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 NONPROFIT ENTITY CONTRACTED TO PROVIDE FOSTER CARE OR |
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ADOPTION SERVICES AND RELATED PERSONNEL. (a) A nonprofit entity |
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that contracts with the department to provide services as a single |
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source continuum contractor under this subchapter or a nonprofit |
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entity that contracts with the department or a single source |
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continuum contractor to provide foster care or adoption services is |
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considered to be a charitable organization for the purposes of |
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Chapter 84, Civil Practice and Remedies Code, with respect to the |
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provision of those services, and that chapter applies to the entity |
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and any person who is: |
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(1) an employee or volunteer of the entity; or |
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(2) a caregiver or clinical professional providing |
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services to 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 or |
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a single source continuum contractor; 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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SECTION 3. Section 84.0068, Civil Practice and Remedies |
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Code, as added by this Act, and Section 264.170, Family Code, as |
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amended by this Act, apply only to a cause of action that accrues on |
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or after the effective date of this Act. A cause of action that |
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accrued before the effective date of this Act is governed by the law |
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as it existed immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |