By: Bonnen H.B. No. 4724       A BILL TO BE ENTITLED   AN ACT   relating to the civil liability of nonprofit entities.          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 FOSTER CARE OR   ADOPTION SERVICES. (a)  Subject to Subsection (b) and except as   provided by Subsection (c), an entity described by Section   264.170(a), Family Code, may not be held liable for damages in   excess of the amounts provided by Section 84.006 for any act or   omission by a person who is an employee or volunteer of the entity   or a caregiver or clinical professional providing services to the   entity if, for each person, the entity has:                (1)  conducted timely criminal background checks 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 appropriate administrative or personnel   action in response to misconduct 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.          (b)  An entity described by Section 264.170(a), Family Code,   may only be held vicariously liable by a claimant for the act or   omission of a person who is an employee or volunteer of the entity   or a caregiver or clinical professional providing services to the   entity if the claimant shows:                (1)  the entity was not in substantial compliance with   a requirement described by Subsection (a);                (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 substantial factor in   bringing about the harm.          (c)  Subsection (a) does not affect the liability of an   entity described by Section 264.170(a), Family Code, arising from   an act or omission by the entity that constitutes gross negligence.          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 FOSTER CARE OR   ADOPTION 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 state or a single source continuum   contractor to provide foster care or adoption 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 or clinical professional providing   services to 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.