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§ 84.0061.Organizational Liability for Transportation Services Provided to Certain Welfare Recipients

Title 4. Liability in Tort · Chapter 84. Charitable Immunity and Liability · Last amended 2001 · Last verified August 29, 2026

In one sentenceSection 84.0061 relieves a religious charitable organization of liability for negligent use of its vehicle in providing transportation to welfare recipients, unless the driver was intoxicated.

Full Text of § 84.0061

Text sizeJump to: (a) (b) (c) (d) (e)

(a)In this section, "religious charitable organization" means a charitable organization that is also a "religious organization" as the term is defined by Section 464.051, Health and Safety Code.
(b)Subject to Subsection (e), a religious charitable 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 of those services described by Subsection (c) to a person who:
(1)is a recipient of:
(A)financial assistance under Chapter 31, Human Resources Code; or
(B)nutritional assistance under Chapter 33, Human Resources Code; and
(2)is participating in or applying to participate in:
(A)a work or employment activity under Chapter 31, Human Resources Code; or
(B)the food stamp employment and training program.
(c)Transportation services include transportation to and from the location of the:
(1)work, employment, or any training activity or program; or
(2)provider of any child-care services necessary for a person described by Subsection (b)(1) to participate in the work, employment, or training activity or program.
(d)Except as expressly provided in Subsection (b), this section 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, including the condition of the vehicle itself and causes of action arising under Chapter 41.
(e)This section does not apply to any claim arising from injury, death, or property damage in which the operator of the vehicle was intoxicated, as the term is defined in Section 49.01, Penal Code.
End

Plain-English Summary

A targeted provision for one welfare-to-work function.

A religious charitable 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 it to provide transportation services to a person who receives financial or nutritional assistance under the Human Resources Code and is participating in or applying to participate in a work or employment activity or the food stamp employment and training program.

Transportation services include transport to and from the work, employment, or training activity and to the provider of child-care services necessary for the person to participate.

The barrier addressed is practical. A congregation willing to drive people to work faces liability for entrusting a vehicle to a volunteer driver, and that exposure is enough to stop the programme.

The child-care clause matters — transport to work is useless to a parent who cannot get a child to daycare first, and the section covers both legs.

Subsection (e) is the exception: the section does not apply to any claim where the operator of the vehicle was intoxicated as the Penal Code defines it.

Subsection (d) preserves everything else: the section does not affect other legal duties or causes of action arising from use of a motor vehicle, including the condition of the vehicle itself and claims under the damages chapter. Negligent maintenance and exemplary damages claims are untouched.

Frequently Asked Questions

Is a church liable if a volunteer driver crashes?

Not where a religious charitable organization entrusted the vehicle to provide transportation services to a welfare recipient participating in a work, employment, or training activity.

Does it cover the trip to daycare?

Yes. Transportation services include transport to the provider of child-care services necessary for the person to participate.

Are there exceptions to the transportation services protection?

Yes. The section does not apply where the operator was intoxicated, and it does not affect claims about the condition of the vehicle itself or exemplary damages.

Amendment History

  • Added by Acts 2001, 77th Leg., ch. 991, Sec. 1, eff. June 15, 2001.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source