Texas 2025 - 89th Regular

Texas House Bill HB3453 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12367 AMF-F
2	2	By: Bonnen H.B. No. 3453
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the liability of nonprofit entities contracted with the
10	10	Department of Family and Protective Services or a single source
11	11	continuum contractor to provide foster care or adoption services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 84, Civil Practice and Remedies Code, is
14	14	amended by adding Section 84.0068 to read as follows:
15	15	Sec. 84.0068. LIABILITY OF SINGLE SOURCE CONTINUUM
16	16	CONTRACTORS OR CERTAIN NONPROFIT ENTITIES PROVIDING FOSTER CARE OR
17	17	ADOPTION SERVICES. (a) Subject to Subsection (b) and except as
18	18	provided by Subsection (c), an entity described by Section
19	19	264.170(a), Family Code, may not be held liable for damages in
20	20	excess of the amounts provided by Section 84.006 for any act or
21	21	omission by a person who is an employee or volunteer of the entity
22	22	or a caregiver or clinical professional providing services to the
23	23	entity if, for each person, the entity has:
24	24	(1) conducted timely criminal background checks as
25	25	required by law;
26	26	(2) before hiring, contracting with, or otherwise
27	27	enlisting the services of the person and then at least once every
28	28	five years, confirmed the person is not listed in a state registry
29	29	or database that indicates the person is ineligible to supervise or
30	30	treat children;
31	31	(3) reported any known allegation of misconduct by the
32	32	person as required by law;
33	33	(4) taken appropriate administrative or personnel
34	34	action in response to misconduct by the person; and
35	35	(5) required the person to complete training for:
36	36	(A) child sexual abuse prevention at least once
37	37	every five years; and
38	38	(B) the reporting of child abuse and neglect.
39	39	(b) An entity described by Section 264.170(a), Family Code,
40	40	may only be held vicariously liable by a claimant for the act or
41	41	omission of a person who is an employee or volunteer of the entity
42	42	or a caregiver or clinical professional providing services to the
43	43	entity if the claimant shows:
44	44	(1) the entity was not in substantial compliance with
45	45	a requirement described by Subsection (a);
46	46	(2) the requirement was designed to prevent the
47	47	specific type of harm alleged to have occurred; and
48	48	(3) the entity's failure to be in substantial
49	49	compliance with the requirement was a substantial factor in
50	50	bringing about the harm.
51	51	(c) Subsection (a) does not affect the liability of an
52	52	entity described by Section 264.170(a), Family Code, arising from
53	53	an act or omission by the entity that constitutes gross negligence.
54	54	SECTION 2. Section 264.170, Family Code, is amended to read
55	55	as follows:
56	56	Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM
57	57	CONTRACTOR OR NONPROFIT ENTITY CONTRACTED TO PROVIDE FOSTER CARE OR
58	58	ADOPTION SERVICES AND RELATED PERSONNEL. (a) A nonprofit entity
59	59	that contracts with the department to provide services as a single
60	60	source continuum contractor under this subchapter or a nonprofit
61	61	entity that contracts with the department or a single source
62	62	continuum contractor to provide foster care or adoption services is
63	63	considered to be a charitable organization for the purposes of
64	64	Chapter 84, Civil Practice and Remedies Code, with respect to the
65	65	provision of those services, and that chapter applies to the entity
66	66	and any person who is:
67	67	(1) an employee or volunteer of the entity; or
68	68	(2) a caregiver or clinical professional providing
69	69	services to the entity.
70	70	(b) The limitations on liability provided by this section
71	71	apply:
72	72	(1) only to an act or omission by the entity or person,
73	73	as applicable, that occurs:
74	74	(A) while the entity or person is acting within
75	75	the course and scope of the entity's contract with the department or
76	76	a single source continuum contractor; or
77	77	(B) while the person is acting within the course
78	78	and scope of [and] the person's duties for the entity; and
79	79	(2) only if insurance coverage in the minimum amounts
80	80	required by Chapter 84, Civil Practice and Remedies Code, is in
81	81	force and effect at the time a cause of action for personal injury,
82	82	death, or property damage accrues.
83	83	SECTION 3. Section 84.0068, Civil Practice and Remedies
84	84	Code, as added by this Act, and Section 264.170, Family Code, as
85	85	amended by this Act, apply only to a cause of action that accrues on
86	86	or after the effective date of this Act. A cause of action that
87	87	accrued before the effective date of this Act is governed by the law
88	88	as it existed immediately before the effective date of this Act, and
89	89	that law is continued in effect for that purpose.
90	90	SECTION 4. This Act takes effect September 1, 2025.