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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 with a single |
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source continuum contractor to provide community-based care or |
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child welfare 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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Section 84.0068. LIABILITY FOR SINGLE SOURCE |
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CONTINUUM CONTRACTORS AND CONTRACTED CHILD WELFARE CONTINUUM |
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PROVIDERS. (a) An entity considered to be a charitable |
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organization under Section 264.170, Family Code, and that is |
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in good standing under Subsection (b) of this section is |
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immune from civil liability under this chapter, except as |
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provided by Subsection (d) of this section. |
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(b) With respect to a claim under this chapter, an entity is |
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in good standing if it has substantially complied with the |
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following actions with respect to each of its staffers: |
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(1) conducted a timely criminal background check as |
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required by applicable rules and laws; |
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(2) checked appropriate state agency offender |
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registries or databases to determine if the staffer is listed |
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before hiring, contracting with, or engaging the staffer and, |
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afterwards, performed the same check at least once every five |
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years; |
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(3) taken appropriate administrative or personnel |
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action with respect to a staffer who has been grossly deficient in |
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the completion of their duties; |
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(4) required that staffers be trained in: |
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(A) child sexual abuse prevention at least every |
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five years; and |
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(B) reporting abuse and neglect; and |
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(5) reported any known allegation of misconduct by a |
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staffer as required by law. |
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(c) An entity described by Subsection (a) that fails to be |
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in substantial compliance with any applicable requirement of |
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Subsection (b) may be held vicariously liable to the recipient of |
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the entity's services, or to the recipient's legally authorized |
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representative, for acts of the entity's employees, contractors, or |
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volunteers only if the plaintiff can show the following: |
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(1) the requirement with which the entity failed to be |
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in substantial compliance was designed to prevent the specific type |
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of harm that occurred; and |
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(2) the failure to be in substantial compliance with |
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the requirement was a substantial factor in causing the actual harm |
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and damage. |
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(d) An entity that is in good standing under Subsection (b) |
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has limited liability only in the absence of gross negligence, as |
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that term is defined by Section 41.001, Civil Practice and Remedies |
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Code, in the performance of a contract or other agreement. |
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(e) In this section: |
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(1) "Entity" means a nonprofit entity described by |
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Section 264.170, Family Code. |
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(2) "Staffer" means an employee, clinical |
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professional, caregiver, or volunteer who works for an entity. |
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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 OTHER NONPROFIT ENTITY CONTRACTED TO PROVIDE CHILD |
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WELFARE 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 or a nonprofit entity that contracts |
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with the department or with a single source continuum contractor to |
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provide foster care or adoption services under this subchapter 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 an employee, clinical professional, |
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caregiver, 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 |
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person, as applicable, that occurs: |
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(A) while the entity or person is acting |
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within the course and scope of the entity's contract with the |
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department or a single source continuum contractor; or |
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(B) while the person is acting within the |
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course and scope of [and] the person's duties for the entity; |
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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. |