Volunteers are the least-insured people in most Texas churches, and the gap is not obvious because two different statutes appear to protect them. They do — up to a point, and only when specific conditions are met. The conditions are where churches get caught, and one of them is written so that the protection disappears in exactly the scenario most likely to produce a serious claim: a volunteer driving a vehicle.
Are church volunteers protected from being sued in Texas?
Two layers apply, one state and one federal.
Texas Chapter 84
Section 84.004 of the Texas Civil Practice and Remedies Code provides that a volunteer of a charitable organization “is immune from civil liability for any act or omission resulting in death, damage, or injury if the volunteer was acting in the course and scope of the volunteer’s duties or functions” within the organization. Section 84.003 defines charitable organizations to include churches organized and operated for religious purposes under Section 501(c)(3) or (4).
The critical condition sits elsewhere in the chapter. Section 84.007(g) provides that the damage caps in §§84.005 and 84.006 do not apply to a charitable organization that does not carry liability insurance in effect covering the acts and omissions of the organization, its employees, and its volunteers — at least $500,000 per person and $1,000,000 per occurrence for death or bodily injury and $100,000 per occurrence for property damage. The statute notes the requirement may be satisfied by a $1,000,000 combined single limit policy.
Section 84.007(a) also excludes conduct that is intentional, wilfully negligent, or done with conscious indifference or reckless disregard for the safety of others.
The federal Volunteer Protection Act
Under 42 U.S.C. §14503(a), no volunteer of a non-profit organization is liable for harm caused by an act or omission on behalf of the organization if four conditions are all met:
- the volunteer was acting within the scope of their responsibilities at the time;
- the volunteer was properly licensed, certified, or authorized where required for the activity;
- the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or conscious, flagrant indifference to the rights or safety of the person harmed; and
- the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires an operator’s license or insurance.
Two more provisions decide how much comfort this actually provides. Section 14503(c) states that nothing in the section affects the liability of the non-profit organization itself for harm caused to any person. And the Act preempts inconsistent state law but does not preempt state law providing additional protection.
So why does the church still need coverage?
Because both statutes protect the volunteer, not the church.
When a volunteer injures someone, the plaintiff’s lawyer names the church — negligent selection, negligent training, negligent supervision, negligent entrustment. Volunteer immunity does not touch those theories; 42 U.S.C. §14503(c) says so outright. And Chapter 84’s caps on the church’s own liability only exist if the church carries the qualifying policy.
Then there is the driving exception. A volunteer who drives the church van, drives their own car on a supply run, or drives students to a retreat is outside federal volunteer immunity by the plain text of §14503(a)(4). Volunteer driving is also the highest-severity everyday activity most churches engage in.
What coverage actually protects volunteers and the church?
General liability that names volunteers as insureds
This is the item to verify rather than assume. Read the “Who Is An Insured” section of your general liability policy and confirm volunteers are included — many church forms include them, some do not, and some include them only while acting within the scope of their duties, which is the right standard but worth knowing. If volunteers are not insureds, a volunteer sued alongside the church has no defense from the church’s policy.
Carry it at the limits §84.007(g) names, or better. That single policy is doing double duty: defending the volunteer and keeping the statutory cap alive for the church.
Hired and non-owned auto liability
The coverage most churches are missing. When a volunteer drives their own vehicle on church business and causes a serious accident, their personal auto policy is primary — and it is usually written at limits that will not cover a serious injury. The plaintiff then comes after the church, and a commercial auto policy covering only vehicles the church owns does not respond. Hired and non-owned auto liability closes that gap, and it is one of the least expensive line items on a church program.
If the church owns a van or bus, that is separate owned-auto coverage, with its own driver screening expectations: MVRs pulled before anyone drives and annually thereafter, minimum age and experience standards written down, and a documented rule on 15-passenger van loading and tire maintenance.
Abuse and molestation coverage
Volunteers run youth and children’s ministry, which is where this exposure lives. Abuse and molestation is commonly excluded or heavily sublimited on standard general liability forms and has to be endorsed on or bought standalone. Two mechanics decide whether it responds: it is normally claims-made, so the claim must be reported during the policy period, and the retroactive date determines how far back conduct is covered. Ask for that date in writing at every renewal and never let a new policy start with a later one.
Texas supports the screening side. Section 84.0066 grants good-faith immunity to a charitable organization that discloses to a prospective employer information about an allegation of misconduct by a former employee, volunteer, or contractor — which removes the usual excuse for staying silent on a reference check.
Accident medical for volunteers
Here is the coverage nobody thinks about until they need it. Workers’ compensation covers employees, not volunteers — and in Texas, private employers are not required to carry it at all. A volunteer who falls off a ladder hanging Christmas lights is not an employee and has no workers’ compensation claim. Their options are their own health insurance or a liability claim against the church. A volunteer accident medical policy, usually inexpensive, pays medical expenses on a no-fault basis and heads off the second option.
Directors and officers
Board members are volunteers too, and Chapter 84 explicitly does not limit officers’ and directors’ duties to the organization or its members under §84.007(b). Governance and employment claims land there.
What should a church actually do this month?
- Read your “Who Is An Insured” language. Confirm volunteers are in it. Fifteen minutes, and it determines whether two statutes matter or not.
- Add hired and non-owned auto if it is not on the schedule. Then write down who is allowed to drive on church business and pull their MVRs.
- Confirm the qualifying limits under §84.007(g) are in force and will stay in force. Never let this policy lapse to manage cash flow.
- Screen and document. Background checks on anyone working with children or vulnerable adults, a two-adult rule, a written reporting procedure, and records that show the process was followed. This is what makes abuse coverage available at meaningful limits.
- Add volunteer accident medical and tell your volunteers it exists.
- Get certificates from outside groups using your building, naming the church as additional insured, with a hold-harmless clause.
If you are a Central Texas church and want someone to read your current policy against Chapter 84 and the federal Volunteer Protection Act line by line — specifically the insured definition, the auto schedule, and the abuse retroactive date — send us the declarations pages and we will mark up what is missing. Our non-profit and ministry insurance practice does this regularly, and our risk management team helps build the screening documentation underwriters require.
Related reading: What Insurance Does a Church Need in Texas?
