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TX HB5364
Bill
Status
3/14/2025
Primary Sponsor
Matthew Shaheen
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AI Summary
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Authorizes courts to appoint a receiver for single-source continuum contractors (community-based care providers) that fail to perform after corrective action plans, intend to cease operations without transition arrangements, pose imminent danger to children in state care, fail to provide adequate information or comply with court orders, or cannot meet financial obligations
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Requires evidentiary hearings within 5 days of petition filing, with courts able to grant receivership petitions ex parte; receiverships expire after 90 days unless the Department of Family and Protective Services files for 60-day extensions
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Allows receivers to be department employees (exempt from standard bond requirements) and must be selected from a department-approved list of qualified persons based on education, training, or experience
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Grants receivers broad authority to protect contractor assets, hire or discharge employees, enter contracts without competitive bidding requirements, honor existing obligations, and petition for temporary relief from unreasonable contract terms
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Establishes that contractor compensation pays receiver fees, limits receiver liability to breach of fiduciary duty or gross negligence/intentional acts, and preserves contractor obligations for taxes, expenses, and legal duties despite receivership
Legislative Description
Relating to the receivership of a single-source continuum contractor providing child welfare services.
FAMILY & PROTECTIVE SERVICES, DEPARTMENT OF
Last Action
Referred to Human Services
4/7/2025