Texas House Bill HB5364

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to the receivership of a single-source continuum contractor providing child welfare services.

Impact

The bill modifies existing laws to facilitate the appointment of receivers under specific conditions related to a contractor's performance. It stipulates that after an unsuccessful corrective action or failure to comply with a community-based care contract, the department can petition the court for the appointment of a receiver. This change seeks to improve oversight and ensure that children's services are not disrupted during a contractor’s transition or when issues arise.

Summary

House Bill 5364 addresses the receivership of single-source continuum contractors that provide child welfare services. This legislation introduces a structured approach to appointing receivers for these contractors when they fail to meet contractual obligations or pose a risk to the health, safety, or welfare of children in their care. It aims to improve accountability and operational effectiveness within the child welfare system, ensuring that adequate services are provided to vulnerable populations.

Contention

Some points of contention surrounding HB 5364 may stem from concerns over the implications of receivership on contractors and the potential for liability. While the bill allows for quicker appointment of receivers to safeguard children’s welfare, it also raises questions about the sufficiency of protections for contractors and employees. Critics may argue about the balance between oversight and the risk of undermining the operational capabilities of contractors, particularly if a receivership is seen as an overreach by the state.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 64. Receivership
  • Section: New Section

Family Code

• Chapter 264. Child Welfare Services
  • Section: New Section