By: Allen H.B. No. 902
73R3447 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the financial responsibility of parents for the
1-3 tortious conduct of certain children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 3, Family Code, is amended by adding
1-6 Chapter 58 to read as follows:
1-7 CHAPTER 58. WAIVER OF PARENTAL FINANCIAL RESPONSIBILITY
1-8 Sec. 58.01. DEFINITIONS. In this chapter:
1-9 (1) "Child" means a person who is under 17 years of
1-10 age, whose disabilities of minority have not been removed, and who
1-11 is not or has not been married.
1-12 (2) "Parent" does not include a parent who is a
1-13 possessory conservator of a child who has a managing conservator,
1-14 another possessory conservator, or both, and either or both are
1-15 entitled for a calendar year to possession of the child for a
1-16 longer cumulative period of possession than the possessory
1-17 conservator parent.
1-18 Sec. 58.02. APPREHENSION OF ABSENT CHILD. (a) A parent of
1-19 a child may request an appropriate law enforcement agency to
1-20 apprehend and return the child to the possession of the parent if
1-21 the child:
1-22 (1) voluntarily leaves the parent's home against the
1-23 express desire of the parent; and
1-24 (2) expresses an intent not to return or has been
2-1 absent without the parent's consent for more than 24 hours.
2-2 (b) On receipt of the parent's request, the law enforcement
2-3 agency shall attempt to apprehend and return the child.
2-4 Sec. 58.03. REQUEST FOR WAIVER OF FINANCIAL RESPONSIBILITY.
2-5 After 30 days after the date that the parent files a request with a
2-6 law enforcement agency under Section 58.02 of this code, the parent
2-7 may file a request for a waiver of financial responsibility with
2-8 the juvenile court of the county in which the child resides if the
2-9 child does not return or is not returned to the possession of the
2-10 parent.
2-11 Sec. 58.04. HEARING; DETERMINATION. (a) The juvenile court
2-12 shall conduct a hearing and shall grant the request for a waiver of
2-13 financial responsibility if:
2-14 (1) the child voluntarily left the parent's home
2-15 against the express desire of the parent;
2-16 (2) the parent requested an appropriate law
2-17 enforcement agency to apprehend and return the child;
2-18 (3) the parent is entitled to possession of the child;
2-19 (4) the child has not returned or has not been
2-20 returned after 30 days after the date that the parent made the
2-21 request; and
2-22 (5) the parent does not seek the waiver to avoid
2-23 parental responsibility for the behavior of the child for which the
2-24 parent has control.
2-25 (b) The court shall provide in the waiver that it expires on
2-26 the return of the child to the possession of the parent.
2-27 (c) A determination of a court under this section is final
3-1 and may not be appealed.
3-2 Sec. 58.05. EFFECT OF WAIVER OF FINANCIAL RESPONSIBILITY. A
3-3 parent who has been granted a waiver of financial responsibility
3-4 under this chapter is not liable for any damages arising from any
3-5 tortious conduct of the child while that waiver is in effect.
3-6 Sec. 58.06. EXPIRATION OF WAIVER. (a) On the return of a
3-7 child to the possession of a parent who has been granted a waiver
3-8 of financial responsibility under this chapter, the waiver expires.
3-9 (b) The parent shall immediately notify the court that
3-10 granted the waiver of the return of the child to the possession of
3-11 the parent.
3-12 SECTION 2. This Act applies only to a child who leaves the
3-13 home of the parent on or after the effective date of this Act.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended,
3-19 and that this Act take effect and be in force from and after its
3-20 passage, and it is so enacted.