Texas House Bill HB3926

Texas 2023 - 88th Regular

• Filed: 3/7/23

Caption

Relating to the liability of entities contracted with the Department of Family and Protective Services to provide community-based care.

Impact

The amendments introduced by HB3926 will significantly impact how community-based care providers operate within the state. By limiting liability for negligence claims against these contracted entities, the bill aims to protect them from heavy financial burdens that could arise from lawsuits related to the care and supervision of children. It mandates that these entities maintain certain levels of insurance to benefit from this liability protection, potentially leading to a more stable environment for nonprofits working with vulnerable populations. The bill applies to causes of action arising after its enactment, suggesting an immediate effect on existing legal frameworks surrounding child care operations.

Summary

House Bill 3926 seeks to amend existing laws concerning the liability of entities contracted with the Department of Family and Protective Services (DFPS) for providing community-based care. The bill specifies that nonprofit organizations acting as single source continuum contractors will be considered charitable organizations for the purposes of liability under the Civil Practice and Remedies Code. This legislative change aims to delineate liability limits for these entities and their employees or volunteers when dealing with actions related to child supervision and care.

Sentiment

The sentiment surrounding HB3926 appears to lean towards support from those who understand the pressures faced by nonprofit organizations in child welfare sectors. Supporters may view the bill as a necessary reform to encourage the provision of child care services without the looming threat of crippling lawsuits. Conversely, there may be concerns from child advocacy groups who fear that minimizing liability could lead to insufficient accountability for care providers, potentially impacting child safety and welfare standards. Thus, while the bill could foster a more conducive environment for community service delivery, it raises important questions about the balance between operational incentives and legal accountability.

Contention

Notable points of contention may arise from the bill's intent to establish limited liability for contracted entities. Critics might argue that such provisions could discourage rigorous oversight of these nonprofits by limiting accountability for acts of negligence, especially concerning child treatment and supervision. Opponents of the bill could express apprehension about potential loopholes that may allow entities to operate without sufficient scrutiny, thereby risking the welfare of children under their care. As the bill moves through the legislative process, public discourse may focus on these potential risks versus the benefits of enabling nonprofits to operate without the burden of extensive liability concerns.

Texas Constitutional Statutes Affected

Family Code

• Chapter 264. Child Welfare Services
  • Section: 170

Civil Practice And Remedies Code

• Chapter 84. Charitable Immunity And Liability
  • Section: New Section

Human Resources Code

• Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
  • Section: New Section