Texas House Bill HB2787

Texas 2009 - 81st Regular

Caption

Relating to liability of charitable organizations for certain negligent hiring, supervision, or retention actions.

Impact

The passage of HB2787 would significantly alter the landscape of liability for charitable organizations across Texas, particularly in situations where these entities employ individuals who might pose a risk to minors. This legislation enhances the ability of victims to seek recourse if harmed due to negligence related to employee hiring practices. By explicitly stating that organizations are liable for negligent actions that lead to sexual offenses, the bill seeks to provide additional protection for children receiving services from these organizations, thus fortifying child safety and welfare measures.

Summary

House Bill 2787 concerns the liability of charitable organizations in cases of negligent hiring, supervision, or retention of individuals associated with the organization. Specifically, the bill amends the Texas Civil Practice and Remedies Code to specify that charitable organizations are not exempt from liability if a sexual offense is committed against a minor by an employee or agent of the organization. This adjustment reflects a heightened responsibility for organizations that serve youth or vulnerable populations, ensuring accountability in the hiring processes of personnel who may interact with these individuals.

Contention

There may be points of contention surrounding the bill. Advocacy groups may voice concern regarding the implications for small charitable organizations that may struggle with the financial burdens of increased liability. Conversely, proponents of the bill argue that the accountability it promotes is essential to safeguard the most vulnerable populations, particularly children. Debates might focus on how the modifications to liability could affect the operational dynamics of charitable organizations, especially those reliant on volunteer staff or those with limited resources.

Implementation

The law, upon its enactment, would apply to any actions pending or initiated after its effective date, signifying that it would have immediate relevance to forthcoming legal cases. The provision that allows for quick implementation should the bill secure a two-thirds majority vote indicates a strong legislative intent to prioritize child safety and protection within charitable contexts.