(a) A receiver appointed under this subchapter shall take all actions:
- (1) ordered by the appointing court; and
(2) necessary to ensure the continued health, safety, and welfare of children under the conservatorship of the department in the care of the single-source continuum contractor under receivership, which may include:
- (A) taking actions reasonably necessary to protect or conserve the assets or property of the contractor;
- (B) using of the property of the contractor for the provision of care and services to children under the conservatorship of the department and their families in the applicable catchment area;
- (C) entering into contracts with or hiring agents or employees to carry out the powers and duties of the receiver;
- (D) directing, managing, hiring, or discharging employees or agents of the contractor; and
- (E) honoring leases, mortgages, and contractual obligations of the contractor as those payments become due during the period of the receivership.
- (b) Notwithstanding any other law and to ensure continuous provision of necessary services to children under the conservatorship of the department and their families, a contract entered into by a receiver acting in accordance with the receiver's duties under this section is not subject to advertising, competitive bidding, or proposal evaluation requirements.
- (c) A receiver shall compensate an employee hired in accordance with this section at a rate of compensation, including benefits, approved by the appointing court.
(d) A receiver may petition the appointing court for temporary relief from obligations under a contract entered into by the single-source continuum contractor under receivership if:
- (1) the rent, price, or rate of interest substantially exceeds a reasonable rent, price, or rate of interest at the time the contractor entered into the contract; or
- (2) any material provision of the contract is unreasonable when compared to contracts negotiated under similar conditions.
- (e) Any relief granted by a court under Subsection (d) is limited to the life of the receivership, unless otherwise determined by the court.
- (f) A receiver appointed under this subchapter shall deposit all money related to the receivership in a separate account and shall use that account for all disbursements related to the receivership. A payment to a receiver of a sum owed to the single-source continuum contractor under receivership shall be considered a payment to the contractor with respect to the discharge of the obligation.
(g) A receiver who is not a department employee shall coordinate with the department to ensure:
- (1) the continued health, safety, and welfare of the children in the department's conservatorship; and
- (2) compliance with all state and federal laws relating to child welfare.
- (h) A receiver shall make a reasonable effort to facilitate the continued operation of the community-based care program under Subchapter B-1 in the applicable catchment area.
Added by Acts 2025, 89th Leg., R.S., Ch. 73 (S.B. 2034), Sec. 2, eff. May 19, 2025.