Texas 2023 - 88th Regular

Texas House Bill HB3933 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Oliverson H.B. No. 3933
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the liability of entities contracted with the
7	7	Department of Family and Protective Services to provide
8	8	community-based care or child welfare services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 264.170, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM
13	13	CONTRACTOR OR OTHER ENTITY CONTRACTED TO PROVIDE CHILD WELFARE
14	14	SERVICES AND RELATED PERSONNEL. (a) A nonprofit entity that
15	15	contracts with the department to provide services as a single
16	16	source continuum contractor under this subchapter is considered to
17	17	be a charitable organization for the purposes of Chapter 84, Civil
18	18	Practice and Remedies Code, with respect to the provision of those
19	19	services, and that chapter applies to the entity and any person who
20	20	is an employee or volunteer of the entity.
21	21	(b) The limitations on liability provided by this section
22	22	apply:
23	23	(1) only to an act or omission by the entity or person,
24	24	as applicable, that occurs:
25	25	(A) while the entity or person is acting within
26	26	the course and scope of the entity's contract with the department;
27	27	or
28	28	(B) while the person is acting within the course
29	29	and scope of [and] the person's duties for the entity; and
30	30	(2) only if insurance coverage in the minimum amounts
31	31	required by Chapter 84, Civil Practice and Remedies Code, is in
32	32	force and effect at the time a cause of action for personal injury,
33	33	death, or property damage accrues.
34	34	(c) An entity or person described by Subsection (a), or an
35	35	entity contracted with the Department of Family and Protective
36	36	Services to provide family preservation, foster care, or adoption
37	37	services may not be held liable for damages in excess of the amounts
38	38	provided by Section 84.006, Civil Practice and Remedies Code, for a
39	39	claim of negligence in the supervision or treatment of a child in
40	40	the 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.