HBA-MSH H.B. 560 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 560
By: Keffer
Civil Practices
4/2/2001
Introduced



BACKGROUND AND PURPOSE 

Individuals making the transition from public assistance to the workforce
often have difficulties finding transportation to and from work, training,
and child care, especially in rural areas without public transportation.
Many churches and charitable organizations are willing to provide these
services, but are hindered by the liability that may be incurred.  House
Bill 560 limits the liability of a charitable religious organization during
the provisions of certain transportation services. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 560 amends the Civil Practice and Remedies Code to provide that
a religious charitable organization (organization) that owns or leases a
motor vehicle is not liable for damages arising from the negligent use of
the vehicle by a person to whom the organization has entrusted the vehicle
to provide transportation services during the provision if specified
services to a recipient of financial  or nutritional assistance that is
participating in or applying to participate in a work or employment
activity or the food stamp employment and training program.  The bill
provides that transportation services include transportation to and from
the location of the work, employment or any training activity or program,
or the location of a child care services provider necessary for such a
person to participate in the work, employment, or training activity
program.  Except as expressly provided, the bill does not limit or in any
way affect or diminish other legal duties or causes of action arising from
the use of a motor vehicle.  The bill provides that such limited
organizational liability does not apply to any claim arising from injury,
death, or property damage in which the operator of the vehicle was
intoxicated. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.