TX HB3453

Nonprofit entities contracted with the Department of Family and Protective Services (DFPS) or single source continuum contractors to provide community-based care or child welfare services are designated as charitable organizations under Chapter 84 of the Civil Practice and Remedies Code, extending limited liability protections to them and their employees, volunteers, and caregivers

Entities meeting specific compliance requirements cannot be held liable for damages from acts or omissions of employees, volunteers, or caregivers; requirements include conducting criminal background checks, verifying individuals are not on state registries barring child supervision, reporting misconduct allegations, taking timely personnel actions, and mandating child sexual abuse prevention training every five years

Claimants can only hold entities vicariously liable by demonstrating the entity was not in substantial compliance with requirements, the requirement was designed to prevent the specific harm alleged, and the non-compliance contributed to causing the harm

Liability protections do not apply to claims of gross negligence by the entity, nor do they limit liability under other state or federal laws or prevent government entities from taking administrative, regulatory, or prosecutorial action

The Act takes effect September 1, 2025, and applies only to causes of action accruing on or after that date