By:  Horn                                              H.B. No. 337
       73R392 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to criminal responsibility of a parent for a child's
    1-3  delinquent conduct; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 25, Penal Code, is amended by adding
    1-6  Section 25.12 to read as follows:
    1-7        Sec. 25.12.  CRIMINAL RESPONSIBILITY OF PARENT FOR CHILD'S
    1-8  DELINQUENT CONDUCT.  (a)  In this section:
    1-9              (1)  "Child" means a person who is younger than 17
   1-10  years of age.
   1-11              (2)  "Conduct indicating a need for supervision" has
   1-12  the meaning assigned by Section 51.03(b), Family Code.
   1-13              (3)  "Delinquent conduct" has the meaning assigned by
   1-14  Section 51.03(a), Family Code.
   1-15              (4)  "Parent" means a natural or adoptive parent,
   1-16  stepparent, person in loco parentis, or legal guardian of the
   1-17  person of the child.
   1-18              (5)  "Parental duty" means the continuous duty of a
   1-19  parent to exercise reasonable control to prevent the parent's child
   1-20  from engaging in delinquent conduct or conduct indicating a need
   1-21  for supervision.  The term includes the duty to:
   1-22                    (A)  keep prohibited weapons as defined by
   1-23  Section 46.06 of this code or a controlled substance as defined by
   1-24  Section 481.002, Health and Safety Code, out of the child's
    2-1  residence; and
    2-2                    (B)  forbid the child from possessing stolen
    2-3  property, a firearm as defined by Section 46.01 of this code, or a
    2-4  controlled substance.
    2-5        (b)  A parent commits an offense if the parent recklessly or
    2-6  with criminal negligence fails to perform a parental duty to
    2-7  prevent the parent's child from engaging in delinquent conduct or
    2-8  conduct indicating a need for supervision.
    2-9        (c)  An offense under this section is a Class C misdemeanor.
   2-10        SECTION 2.  This Act takes effect September 1, 1993.
   2-11        SECTION 3.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency   and   an   imperative   public   necessity   that   the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.