§ 84.002.Findings and Purposes

Seven numbered findings building to a stated purpose, and they read as a chain of reasoning.

The Legislature finds that robust, active, bona fide, and well-supported charitable organizations are needed in Texas to perform essential and needed services; that the willingness of volunteers to serve is deterred by the perception of personal liability; and that because of these concerns volunteers are withdrawing from services in all capacities.

Note the word "perception". The finding is not that volunteers were being held liable in large numbers, but that they believed they might be. The chapter addresses a deterrent effect rather than a documented pattern of judgments — which is a candid piece of drafting.

The findings continue: organizations have a further problem obtaining and affording liability insurance; these problems diminish the services being provided through higher costs and fewer programs; and the citizens of the state have an overriding interest in the continued and increased delivery of these services that must be balanced with other policy considerations.

That sixth finding is the honest one. "Balanced with other policy considerations" acknowledges what a liability limit costs: an injured person’s recovery. The chapter is a trade, and the findings say so.

The seventh states the purpose: to reduce the liability exposure and insurance costs of these organizations, employees, and volunteers, in order to encourage volunteer services and maximize the resources devoted to delivering these services.

Findings provisions are not decorative. Where the chapter is ambiguous, this is the statement of what it is for, and a court reads the operative provisions against it.