2025S0102-1 02/13/25     By: Perry S.B. No. 1558     A BILL TO BE ENTITLED   AN ACT   relating to the liability of nonprofit entities contracted with the   Department of Family and Protective Services or with a single   source continuum contractor to provide community-based care or   child welfare services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 84, Civil Practice and Remedies Code, is   amended by adding Section 84.0068 to read as follows:          Section 84.0068. LIABILITY FOR SINGLE SOURCE   CONTINUUM CONTRACTORS AND CONTRACTED CHILD WELFARE CONTINUUM   PROVIDERS. (a) An entity considered to be a charitable   organization under Section 264.170, Family Code, and that is   in good standing under Subsection (b) of this section is   immune from civil liability under this chapter, except as   provided by Subsection (d) of this section.          (b)  With respect to a claim under this chapter, an entity is   in good standing if it has substantially complied with the   following actions with respect to each of its staffers:                (1)  conducted a timely criminal background check as   required by applicable rules and laws;                (2)  checked appropriate state agency offender   registries or databases to determine if the staffer is listed   before hiring, contracting with, or engaging the staffer and,   afterwards, performed the same check at least once every five   years;                (3)  taken appropriate administrative or personnel   action with respect to a staffer who has been grossly deficient in   the completion of their duties;                (4)  required that staffers be trained in:                      (A)  child sexual abuse prevention at least every   five years; and                      (B)  reporting abuse and neglect; and                (5)  reported any known allegation of misconduct by a   staffer as required by law.          (c)  An entity described by Subsection (a) that fails to be   in substantial compliance with any applicable requirement of   Subsection (b) may be held vicariously liable to the recipient of   the entity's services, or to the recipient's legally authorized   representative, for acts of the entity's employees, contractors, or   volunteers only if the plaintiff can show the following:                (1)  the requirement with which the entity failed to be   in substantial compliance was designed to prevent the specific type   of harm that occurred; and                (2)  the failure to be in substantial compliance with   the requirement was a substantial factor in causing the actual harm   and damage.          (d)  An entity that is in good standing under Subsection (b)   has limited liability only in the absence of gross negligence, as   that term is defined by Section 41.001, Civil Practice and Remedies   Code, in the performance of a contract or other agreement.          (e)  In this section:                (1)  "Entity" means a nonprofit entity described by   Section 264.170, Family Code.                (2)  "Staffer" means an employee, clinical   professional, caregiver, or volunteer who works for an entity.          SECTION 2.  Section 264.170, Family Code, is amended to read   as follows:          Sec. 264.170.  LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM   CONTRACTOR OR OTHER NONPROFIT ENTITY CONTRACTED TO PROVIDE CHILD   WELFARE SERVICES AND RELATED PERSONNEL. (a) A nonprofit entity   that contracts with the department to provide services as a single   source continuum contractor or a nonprofit entity that contracts   with the department or with a single source continuum contractor to   provide foster care or adoption services under this subchapter is   considered to be a charitable organization for the purposes of   Chapter 84, Civil Practice and Remedies Code, with respect to the   provision of those services, and that chapter applies to the entity   and any person who is an employee, clinical professional,   caregiver, or volunteer of the entity.          (b)  The limitations on liability provided by this section   apply:                  (1)  only to an act or omission by the entity or   person, as applicable, that occurs:                      (A)  while the entity or person is acting   within the course and scope of the entity's contract with the   department or a single source continuum contractor; or                      (B)  while the person is acting within the   course and scope of [and] the person's duties for the entity;   and                (2)  only if insurance coverage in the minimum amounts   required by Chapter 84, Civil Practice and Remedies Code, is in   force and effect at the time a cause of action for personal injury,   death, or property damage accrues.          SECTION 3.  Section 84.0068, Civil Practice and Remedies   Code, as added by this Act, and Section 264.170, Family Code, as   amended by this Act, apply only to a cause of action that accrues on   or after the effective date of this Act. A cause of action that   accrued before the effective date of this Act is governed by the law   as it existed immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2025.