Bill > SB1558

This bill modifies the liability protections for nonprofit entities contracted with the Texas Department of Family and Protective Services (DFPS) to provide community-based care or child welfare services. Specifically, the bill establishes that these nonprofit entities can be shielded from liability for damages caused by their employees, volunteers, or caregivers if they meet certain rigorous screening and training requirements. To avoid liability, the entity must conduct timely criminal background checks, verify that employees are not listed in state registries that disqualify them from working with children, report any known misconduct, take appropriate administrative actions in response to performance issues, and ensure employees complete child sexual abuse prevention and child abuse reporting training every five years. The bill allows these entities to be held vicariously liable only if a claimant can prove the entity was not substantially complying with these requirements, that the non-compliance was designed to prevent the specific type of harm that occurred, and that the non-compliance contributed to the harm. The bill does not limit liability for gross negligence or prevent governmental entities from taking administrative or legal action. These liability protections will apply only to causes of action that accrue on or after September 1, 2025.

Health and Social Services, Justice

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB1558