Certain nonprofit contractors and related personnel are treated as charitable organizations for Chapter 84 liability purposes when providing covered services.
Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM CONTRACTOR OR NONPROFIT ENTITY CONTRACTED TO PROVIDE COMMUNITY-BASED CARE OR CHILD WELFARE 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 department or with a single source continuum contractor to provide community-based care or child welfare 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 providing services on behalf of 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 with a single source continuum contractor; or (B) while the person is acting within the course and scope of 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. Added by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.006(a), eff. September 1, 2019. Amended by: Acts 2025, 89th Leg., R.S., Ch. 839 (S.B. 1558), Sec. 2, eff. September 1, 2025.