By: Longoria H.B. No. 1325
73R3841 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing a juvenile court to require certain
1-3 children to engage in community service.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.041, Family Code, is amended by
1-6 amending Subsection (b) and adding Subsection (f) to read as
1-7 follows:
1-8 (b) If a child is found to have engaged in delinquent
1-9 conduct arising from the commission of an offense in which property
1-10 damage or loss or personal injury occurred, the juvenile court, on
1-11 notice to all persons affected and on hearing, may order the child
1-12 or a parent to make full or partial restitution to the victim of
1-13 the offense. The program of restitution must promote the
1-14 rehabilitation of the child, be appropriate to the age and
1-15 physical, emotional, and mental abilities of the child, and not
1-16 conflict with the child's schooling. When practicable and subject
1-17 to court supervision, the court may approve a restitution program
1-18 based on a settlement between the child and the victim of the
1-19 offense. An order under this subsection may provide for periodic
1-20 payments by the child or a parent of the child for the period
1-21 specified in the order but that period may not extend past the 18th
1-22 birthday of the child. In addition to ordering restitution, or if
1-23 <If> the child or parent is unable to make full or partial
1-24 restitution or the <if a> restitution order is not appropriate
2-1 under the circumstances, the court shall <may> order the child to
2-2 render personal services to a charitable or educational institution
2-3 in the manner prescribed in the court order <in lieu of
2-4 restitution>. Restitution under this section is cumulative of any
2-5 other remedy allowed by law and may be used in addition to other
2-6 remedies; except that a victim of an offense is not entitled to
2-7 receive more than actual damages under a juvenile court order. <A
2-8 city, town, or county that establishes a program to assist children
2-9 in rendering personal services to a charitable or educational
2-10 institution as authorized by this subsection may purchase insurance
2-11 policies protecting the city, town, or county against claims
2-12 brought by a person other than the child for a cause of action that
2-13 arises from an act of the child while rendering those services.
2-14 The city, town, or county is not liable under this Act to the
2-15 extent that damages are recoverable under a contract of insurance
2-16 or under a plan of self-insurance authorized by statute. The
2-17 liability of the city, town, or county for a cause of action that
2-18 arises from an action of the child while rendering those services
2-19 may not exceed $100,000 to a single person and $300,000 for a
2-20 single occurrence in the case of personal injury or death, and
2-21 $10,000 for a single occurrence of property damage. Liability may
2-22 not extend to punitive or exemplary damages. This subsection does
2-23 not waive a defense, immunity, or jurisdictional bar available to
2-24 the city, town, or county or its officers or employees, nor shall
2-25 this Act be construed to waive, repeal, or modify any provision of
2-26 the Texas Tort Claims Act, as amended (Article 6252-19, Vernon's
2-27 Texas Civil Statutes).>
3-1 (f) A city, town, or county that establishes a program to
3-2 assist children in rendering personal services to a charitable or
3-3 educational institution as authorized by this section may purchase
3-4 insurance policies protecting the city, town, or county against
3-5 claims brought by a person other than the child for a cause of
3-6 action that arises from an act of the child while rendering those
3-7 services. The city, town, or county is not liable under this
3-8 section to the extent that damages are recoverable under a contract
3-9 of insurance or under a plan of self-insurance authorized by
3-10 statute. The liability of the city, town, or county for a cause of
3-11 action that arises from an action of the child while rendering
3-12 those services may not exceed $100,000 to a single person and
3-13 $300,000 for a single occurrence in the case of personal injury or
3-14 death, and $10,000 for a single occurrence of property damage.
3-15 Liability may not extend to punitive or exemplary damages. This
3-16 subsection does not waive a defense, immunity, or jurisdictional
3-17 bar available to the city, town, or county or its officers or
3-18 employees, nor shall this subsection be construed to waive, repeal,
3-19 or modify any provision of Chapter 101, Civil Practice and Remedies
3-20 Code.
3-21 SECTION 2. This Act takes effect September 1, 1993, and
3-22 applies only to conduct that occurs on or after that date.
3-23 SECTION 3. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.