Human Resources Code § 42.0495

Sec. 42.0495. LIABILITY INSURANCE REQUIRED FOR LISTED FAMILY HOMES. (a) A listed family home shall maintain liability insurance coverage in the amount of $100,000 for each occurrence of negligence. An insurance policy or contract required under this section must cover injury to a child that occurs while the child is on the premises of or in the care of the listed family home. (b) If a listed family home is unable to secure a policy or contract required under this section for financial reasons or for lack of availability of an underwriter willing to issue a policy or contract or the home's policy or contract limits are exhausted, the home shall timely provide written notice to the parent or guardian of each child attending the home that the liability coverage is not provided. (c) A listed family home described by Subsection (b) shall timely provide written notice to the commission that the home is unable to secure liability insurance and the reason the insurance could not be secured. (d) If a listed family home complies with the notice requirements under this section, the commission may not assess an administrative penalty or suspend or revoke the family home's listing for violating Subsection (a). This subsection may not be construed to indemnify a family home for damages due to negligence. Added by Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 7, eff. September 1, 2019. Amended by: Acts 2025, 89th Leg., R.S., Ch. 423 (H.B. 2789), Sec. 4, eff. January 1, 2026.