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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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Sec. 84.0068. LIABILITY OF SINGLE SOURCE CONTINUUM |
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CONTRACTORS OR CERTAIN NONPROFIT ENTITIES PROVIDING |
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COMMUNITY-BASED CARE OR CHILD WELFARE SERVICES. (a) This section |
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applies only to an entity described by Section 264.170(a), Family |
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Code. |
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(b) Subject to Subsection (c) and except as provided by |
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Subsection (d), an entity may not be held liable for damages |
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resulting from the negligence of a person who is an employee or |
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volunteer of the entity or a caregiver providing services on behalf |
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of the 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 timely and proportionate administrative or |
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personnel action in response to deficiency in the performance of |
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duties 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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(c) An entity may be held vicariously liable by a claimant |
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on the basis of services received from the entity 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 providing services on behalf of the entity only if |
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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 (b); |
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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 contributing factor in |
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bringing about the harm. |
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(d) Subsection (b) does not affect the liability of an |
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entity for damages resulting from the gross negligence of a person |
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who is an employee or volunteer of the entity or a caregiver |
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providing services on behalf of the entity. |
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(e) This section may not be construed to limit: |
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(1) the liability of an entity for a claim otherwise |
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authorized by state or federal law; or |
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(2) the ability of a governmental entity to take |
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administrative, regulatory, or prosecutorial action against an |
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entity described by Section 264.170(a), Family Code. |
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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 |
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COMMUNITY-BASED CARE OR CHILD WELFARE SERVICES AND RELATED |
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PERSONNEL. (a) A nonprofit entity that contracts with the |
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department to provide services as a single source continuum |
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contractor under this subchapter or a nonprofit entity that |
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contracts with the department or with a single source continuum |
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contractor to provide community-based care or child welfare |
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services is considered to be a charitable organization for the |
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purposes of Chapter 84, Civil Practice and Remedies Code, with |
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respect to the provision of those services, and that chapter |
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applies to the entity 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 providing services on behalf of the |
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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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with 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. |
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* * * * * |