By Hamric                                             H.B. No. 2529
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to immunity from civil liability for certain persons
    1-3  responsible for or acting in furtherance of programs in which
    1-4  juvenile probationers are required to perform manual labor or to
    1-5  perform community service.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 142.004, Human Resources Code, is amended
    1-8  to read as follows:
    1-9        Sec. 142.004.  Juvenile Probation Personnel.  (a)  A juvenile
   1-10  probation officer or an employee of a juvenile probation community
   1-11  service restitution program is not liable for damages arising from
   1-12  an act or failure to act in connection with manual labor performed
   1-13  by a child who has been placed on informal adjustment or who has
   1-14  been adjudicated a delinquent child or a child in need of
   1-15  supervision and the labor was performed as a condition to probation
   1-16  ordered under Section 54.04(d)(1), Family Code, and the act or
   1-17  failure to act was not intentional, willfully or wantonly
   1-18  negligent, or performed with conscious indifference or reckless
   1-19  disregard for the safety of others.
   1-20        (b)  Juvenile probation personnel employed by a political
   1-21  subdivision of the state are state employees for the purposes of
   1-22  Chapter 104, Civil Practice and Remedies Code.
   1-23        (c)  A juvenile probation officer or an employee of a
    2-1  juvenile probation community service restitution program is not
    2-2  liable for damages arising from an act or failure to act by a
    2-3  juvenile probation officer or an employee of a juvenile probation
    2-4  community service restitution program in connection with manual
    2-5  labor performed as a condition of probation ordered under Section
    2-6  54.04(d)(1), Family Code, if the act or failure to act:
    2-7              (1)  was performed in an official capacity; and
    2-8              (2)  was not intentional, willfully or wantonly
    2-9  negligent, or performed with conscious indifference or reckless
   2-10  disregard for the safety of others.
   2-11        SECTION 2.  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,
   2-16  and that this Act take effect and be in force from and after its
   2-17  passage, and it is so enacted.