Texas 2025 - 89th Regular

Texas Senate Bill SB1558 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry S.B. No. 1558
	2	+	(In the Senate - Filed February 21, 2025; March 6, 2025,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; April 14, 2025, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	April 14, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1558 By: Perry
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6	13		A BILL TO BE ENTITLED
7	14		AN ACT
8	15		relating to the liability of nonprofit entities contracted with the
9	16		Department of Family and Protective Services or with a single
10	17		source continuum contractor to provide community-based care or
11	18		child welfare services.
12	19		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	20		SECTION 1. Chapter 84, Civil Practice and Remedies Code, is
14	21		amended by adding Section 84.0068 to read as follows:
15	22		Sec. 84.0068. LIABILITY OF SINGLE SOURCE CONTINUUM
16	23		CONTRACTORS OR CERTAIN NONPROFIT ENTITIES PROVIDING
17	24		COMMUNITY-BASED CARE OR CHILD WELFARE SERVICES. (a) This section
18	25		applies only to an entity described by Section 264.170(a), Family
19	26		Code.
20	27		(b) Subject to Subsection (c) and except as provided by
21	28		Subsection (d), an entity may not be held liable for damages
22		-	resulting from ~~an act or omission~~ of a person who is an employee or
	29	+	resulting from the negligence of a person who is an employee or
23	30		volunteer of the entity or a caregiver providing services on behalf
24		-	of the entity if, at the time of the act or omission giving rise to
25		-	the claim, the entity has:
26		-	(1) conducted timely criminal background checks for
27		-	the person as required by law;
	31	+	of the entity if, for each person, the entity has:
	32	+	(1) conducted timely criminal background checks as
	33	+	required by law;
28	34		(2) before hiring, contracting with, or otherwise
29	35		enlisting the services of the person and then at least once every
30	36		five years, confirmed the person is not listed in a state registry
31	37		or database that indicates the person is ineligible to supervise or
32	38		treat children;
33	39		(3) reported any known allegation of misconduct by the
34	40		person as required by law;
35	41		(4) taken timely and proportionate administrative or
36	42		personnel action in response to deficiency in the performance of
37	43		duties by the person; and
38	44		(5) required the person to complete training for:
39	45		(A) child sexual abuse prevention at least once
40	46		every five years; and
41	47		(B) the reporting of child abuse and neglect.
42	48		(c) An entity may be held vicariously liable by a claimant
43	49		on the basis of services received from the entity for the act or
44	50		omission of a person who is an employee or volunteer of the entity
45	51		or a caregiver providing services on behalf of the entity only if
46	52		the claimant shows:
47	53		(1) the entity was not in substantial compliance with
48		-	a requirement described by Subsection (b) at the time of the act or
49		-	omission giving rise to the claim;
	54	+	a requirement described by Subsection (b);
50	55		(2) the requirement was designed to prevent the
51	56		specific type of harm alleged to have occurred; and
52	57		(3) the entity's failure to be in substantial
53	58		compliance with the requirement was a contributing factor in
54	59		bringing about the harm.
55	60		(d) Subsection (b) does not affect the liability of an
56		-	entity for damages resulting from the gross negligence of the
57		-	entity.
	61	+	entity for damages resulting from the gross negligence of a person
	62	+	who is an employee or volunteer of the entity or a caregiver
	63	+	providing services on behalf of the entity.
58	64		(e) This section may not be construed to limit:
59	65		(1) the liability of an entity for a claim otherwise
60	66		authorized by state or federal law; or
61	67		(2) the ability of a governmental entity to take
62	68		administrative, regulatory, or prosecutorial action against an
63	69		entity described by Section 264.170(a), Family Code.
64	70		SECTION 2. Section 264.170, Family Code, is amended to read
65	71		as follows:
66	72		Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM
67	73		CONTRACTOR OR NONPROFIT ENTITY CONTRACTED TO PROVIDE
68	74		COMMUNITY-BASED CARE OR CHILD WELFARE SERVICES AND RELATED
69	75		PERSONNEL. (a) A nonprofit entity that contracts with the
70	76		department to provide services as a single source continuum
71	77		contractor under this subchapter or a nonprofit entity that
72	78		contracts with the department or with a single source continuum
73	79		contractor to provide community-based care or child welfare
74	80		services is considered to be a charitable organization for the
75	81		purposes of Chapter 84, Civil Practice and Remedies Code, with
76	82		respect to the provision of those services, and that chapter
77	83		applies to the entity and any person who is:
78	84		(1) an employee or volunteer of the entity; or
79	85		(2) a caregiver providing services on behalf of the
80	86		entity.
81	87		(b) The limitations on liability provided by this section
82	88		apply:
83	89		(1) only to an act or omission by the entity or person,
84	90		as applicable, that occurs:
85	91		(A) while the entity or person is acting within
86	92		the course and scope of the entity's contract with the department or
87	93		with a single source continuum contractor; or
88	94		(B) while the person is acting within the course
89	95		and scope of [and] the person's duties for the entity; and
90	96		(2) only if insurance coverage in the minimum amounts
91	97		required by Chapter 84, Civil Practice and Remedies Code, is in
92	98		force and effect at the time a cause of action for personal injury,
93	99		death, or property damage accrues.
94	100		SECTION 3. Section 84.0068, Civil Practice and Remedies
95	101		Code, as added by this Act, and Section 264.170, Family Code, as
96	102		amended by this Act, apply only to a cause of action that accrues on
97	103		or after the effective date of this Act. A cause of action that
98	104		accrued before the effective date of this Act is governed by the law
99	105		as it existed immediately before the effective date of this Act, and
100	106		that law is continued in effect for that purpose.
101	107		SECTION 4. This Act takes effect September 1, 2025.
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