89R26043 AMF-F     By: Bonnen, Orr, et al. H.B. No. 3453     Substitute the following for H.B. No. 3453:     By:  Leach C.S.H.B. No. 3453       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:          Sec. 84.0068.  LIABILITY OF SINGLE SOURCE CONTINUUM   CONTRACTORS OR CERTAIN NONPROFIT ENTITIES PROVIDING   COMMUNITY-BASED CARE OR CHILD WELFARE SERVICES. (a) This section   applies only to an entity described by Section 264.170(a), Family   Code.          (b)  Subject to Subsection (c) and except as provided by   Subsection (d), an entity may not be held liable for damages   resulting from an act or omission of a person who is an employee or   volunteer of the entity or a caregiver providing services on behalf   of the entity if, at the time of the act or omission giving rise to   the claim, the entity has:                (1)  conducted timely criminal background checks for   the person as required by law;                (2)  before hiring, contracting with, or otherwise   enlisting the services of the person and then at least once every   five years, confirmed the person is not listed in a state registry   or database that indicates the person is ineligible to supervise or   treat children;                (3)  reported any known allegation of misconduct by the   person as required by law;                (4)  taken timely and proportionate administrative or   personnel action in response to deficiency in the performance of   duties by the person; and                (5)  required the person to complete training for:                      (A)  child sexual abuse prevention at least once   every five years; and                      (B)  the reporting of child abuse and neglect.          (c)  An entity may be held vicariously liable by a claimant   on the basis of services received from the entity for the act or   omission of a person who is an employee or volunteer of the entity   or a caregiver providing services on behalf of the entity only if   the claimant shows:                (1)  the entity was not in substantial compliance with   a requirement described by Subsection (b) at the time of the act or   omission giving rise to the claim;                (2)  the requirement was designed to prevent the   specific type of harm alleged to have occurred; and                (3)  the entity's failure to be in substantial   compliance with the requirement was a contributing factor in   bringing about the harm.          (d)  Subsection (b) does not affect the liability of an   entity for damages resulting from the gross negligence of the   entity.          (e)  This section may not be construed to limit:                (1)  the liability of an entity for a claim otherwise   authorized by state or federal law; or                (2)  the ability of a governmental entity to take   administrative, regulatory, or prosecutorial action against an   entity described by Section 264.170(a), Family Code.          SECTION 2.  Section 264.170, Family Code, is amended to read   as follows:          Sec. 264.170.  LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM   CONTRACTOR OR NONPROFIT ENTITY CONTRACTED TO PROVIDE   COMMUNITY-BASED CARE OR CHILD WELFARE SERVICES AND RELATED   PERSONNEL. (a) A nonprofit entity that contracts with the   department to provide services as a single source continuum   contractor under this subchapter or a nonprofit entity that   contracts with the department or with a single source continuum   contractor to provide community-based care or child welfare   services 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:                (1)  an employee or volunteer of the entity; or                (2)  a caregiver providing services on behalf 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   with 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.