bill requiring 180 days’ notice to end foster care contracts

The text as introduced · 373 words

89R9873 DNC-F

By: Shaheen
H.B. No. 5361

A BILL TO BE ENTITLED

AN ACT

relating to certain requirements regarding a contract between a

single source continuum contractor and the Department of Family and

Protective Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 264.165, Family Code, is amended to read

as follows:

Sec. 264.165. NOTICE REQUIRED FOR EARLY TERMINATION OF

CONTRACT. (a) A single source continuum contractor may terminate a

contract entered into under this subchapter by providing notice to

the department and the commission of the contractor's intent to

terminate the contract not later than the 180th [ 60th ] day before

the date of the termination.

(b) The department may terminate a contract entered into

with a single source continuum contractor under this subchapter by

providing notice to the contractor of the department's intent to

terminate the contract not later than the 180th [ 30th ] day before

the date of termination.

SECTION 2. Section 264.166, Family Code, is amended by

amending Subsection (c) and adding Subsection (d) to read as

follows:

(c) If a single source continuum contractor gives notice to

the department of an early contract termination or the department

gives notice to the contractor of the department's intent to

terminate the contract , the department may enter into a contract

with a different contractor for the sole purpose of assuming the

contract that is being terminated.

(d) Notwithstanding any other law, the department may enter

into a contract with a different single source continuum contractor

under Subsection (c) without following competitive bidding,

advertising, or proposal evaluation requirements, including

requirements under Section 2155.083, 2155.132, or 2155.144,

Government Code, or Section 40.058, Human Resources Code.

SECTION 3. The change in law made by this Act applies only

to a contract entered into or amended, modified, renewed, or

extended on after the effective date of this Act. A contract

entered into or amended, modified, renewed, or extended before the

effective date of this Act is governed by the law in effect on the

date the contract was entered into or amended, modified, renewed,

or extended, and the former law is continued in effect for that

purpose.

SECTION 4. This Act takes effect September 1, 2025.