§ 84.006.Organization Liability

The organization cap, in the same amounts as the employee cap.

In a civil action against a nonhospital charitable organization for damages based on an act or omission by the organization or its employees or volunteers, the organization's liability is limited to $500,000 for each person and $1,000,000 for each single occurrence of bodily injury or death, and $100,000 for each single occurrence for injury to or destruction of property.

The cap covers the organization's liability for its volunteers' acts, which is significant given that the volunteers themselves are immune. The immunity provision expressly says it applies only to volunteers and does not affect the organization's liability for their acts — this section supplies the organization's limit.

So a person injured by a volunteer has no claim against the volunteer and a capped claim against the organization.

The insurance condition applies here too. This cap and the employee cap do not apply to a charitable organization that does not have liability insurance covering its acts and those of its employees and volunteers in at least $500,000 per person, $1,000,000 per occurrence, and $100,000 for property.

An uninsured charity has no cap at all, which is the chapter's principal incentive to carry coverage.

The applicability section adds three further limits: no protection for an organization formed substantially to limit its liability under the chapter; none for organizations formed to dispose of hazardous or solid waste; and none for a governmental unit.