Texas 2023 - 88th Regular

Texas Senate Bill SB2022 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	2023S0275-T 03/08/23
2	2	By: Perry S.B. No. 2022
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 or child welfare services.
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 CHILD WELFARE
15	15	SERVICES AND RELATED PERSONNEL. (a) A nonprofit entity that
16	16	contracts with the department to provide services as a single
17	17	source continuum contractor under this subchapter is considered to
18	18	be a charitable organization for the purposes of Chapter 84, Civil
19	19	Practice and Remedies Code, with respect to the provision of those
20	20	services, and that chapter applies to the entity and any person who
21	21	is an employee or volunteer of the entity.
22	22	(b) The limitations on liability provided by this section
23	23	apply:
24	24	(1) only to an act or omission by the entity or person,
25	25	as applicable, that occurs:
26	26	(A) while the entity or person is acting within
27	27	the course and scope of the entity's contract with the department;
28	28	or
29	29	(B) while the person is acting within the course
30	30	and scope of [and] the person's duties for the entity; and
31	31	(2) only if insurance coverage in the minimum amounts
32	32	required by Chapter 84, Civil Practice and Remedies Code, is in
33	33	force and effect at the time a cause of action for personal injury,
34	34	death, or property damage accrues.
35	35	(c) An entity or person described by Subsection (a), or an
36	36	entity contracted with the Department of Family and Protective
37	37	Services to provide family preservation, foster care, or adoption
38	38	services may not be held liable for damages in excess of the
39	39	amounts provided by Section 84.006, Civil Practice and Remedies
40	40	Code, for a claim of negligence in the supervision or treatment of
41	41	a child in the entity's custody or control unless the claimant
42	42	establishes by clear and convincing evidence that the entity or
43	43	person failed to comply with laws or rules regarding the
44	44	supervision or treatment of children.
45	45	(d) An entity or person described by Subsection (a) may not
46	46	be held liable for damages in excess of the amounts provided by
47	47	Section 84.006, Civil Practice and Remedies Code, for a claim of
48	48	negligence in the hiring, training, supervision, or retention of an
49	49	employee or volunteer unless the claimant establishes by clear and
50	50	convincing evidence that the entity or person failed to comply
51	51	with:
52	52	(1) the terms of the entity's contract with the
53	53	department; or
54	54	(2) laws or rules applicable to child-care facilities,
55	55	as defined by Section 42.002, Human Resources Code.
56	56	(e) An entity described by Subsection (a) may not be held
57	57	liable under a theory of vicarious liability for damages in excess
58	58	of the amounts provided by Section 84.006, Civil Practice and
59	59	Remedies Code, if the claim is based on an employee's or a
60	60	volunteer's conduct that is intentional or done with conscious
61	61	indifference or reckless disregard for the safety of others.
62	62	SECTION 2. Section 264.170, Family Code, as amended by this
63	63	Act, applies only to a cause of action that accrues on or after the
64	64	effective date of this Act. A cause of action that accrued before
65	65	the effective date of this Act is governed by the law as it existed
66	66	immediately before the effective date of this Act, and that law is
67	67	continued in effect for that purpose.
68	68	SECTION 3. This Act takes effect September 1, 2023.