Texas 2023 - 88th Regular

Texas House Bill HB3926 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6580 AMF-F
2	2	By: Oliverson H.B. No. 3926
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the liability of entities contracted with the
8	8	Department of Family and Protective Services to provide
9	9	community-based care.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 264.170, Family Code, is amended to read
12	12	as follows:
13	13	Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM
14	14	CONTRACTOR OR OTHER ENTITY CONTRACTED TO PROVIDE COMMUNITY-BASED
15	15	CARE AND RELATED PERSONNEL. (a) A nonprofit entity that contracts
16	16	with the department to provide community-based care or to provide
17	17	community-based care services as a single source continuum
18	18	contractor under this subchapter is considered to be a charitable
19	19	organization for the purposes of Chapter 84, Civil Practice and
20	20	Remedies Code, with respect to the provision of those services, and
21	21	that chapter applies to the entity and any person who is an employee
22	22	or volunteer of the entity.
23	23	(b) The limitations on liability provided by this section
24	24	apply:
25	25	(1) only to an act or omission by the entity or person,
26	26	as applicable, that occurs:
27	27	(A) while the entity or person is acting within
28	28	the course and scope of the entity's contract with the department;
29	29	or
30	30	(B) while the person is acting within the course
31	31	and scope of [and] the person's duties for the entity; and
32	32	(2) only if insurance coverage in the minimum amounts
33	33	required by Chapter 84, Civil Practice and Remedies Code, is in
34	34	force and effect at the time a cause of action for personal injury,
35	35	death, or property damage accrues.
36	36	(c) An entity or person described by Subsection (a) may not
37	37	be held liable for damages in excess of the amounts provided by
38	38	Section 84.006, Civil Practice and Remedies Code, for a claim of
39	39	negligence in the supervision or treatment of a child in the
40	40	entity's custody or control unless the claimant establishes by
41	41	clear and convincing evidence that the entity or person failed to
42	42	comply with laws or rules regarding the supervision or treatment of
43	43	children.
44	44	(d) An entity or person described by Subsection (a) may not
45	45	be held liable for damages in excess of the amounts provided by
46	46	Section 84.006, Civil Practice and Remedies Code, for a claim of
47	47	negligence in the hiring, training, supervision, or retention of an
48	48	employee or volunteer unless the claimant establishes by clear and
49	49	convincing evidence that the entity or person failed to comply
50	50	with:
51	51	(1) the terms of the entity's contract with the
52	52	department; or
53	53	(2) laws or rules applicable to child-care facilities,
54	54	as defined by Section 42.002, Human Resources Code.
55	55	(e) An entity described by Subsection (a) may not be held
56	56	liable under a theory of vicarious liability for damages in excess
57	57	of the amounts provided by Section 84.006, Civil Practice and
58	58	Remedies Code, if the claim is based on an employee's or a
59	59	volunteer's conduct that is intentional or done with conscious
60	60	indifference or reckless disregard for the safety of others.
61	61	SECTION 2. Section 264.170, Family Code, as amended by this
62	62	Act, applies only to a cause of action that accrues on or after the
63	63	effective date of this Act. A cause of action that accrued before
64	64	the effective date of this Act is governed by the law as it existed
65	65	immediately before the effective date of this Act, and that law is
66	66	continued in effect for that purpose.
67	67	SECTION 3. This Act takes effect September 1, 2023.