1-1 By: Hamric (Senate Sponsor - Henderson) H.B. No. 2529
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 7, 1993, read first time and referred to Committee on Criminal
1-4 Justice; May 19, 1993, rereferred to Committee on Jurisprudence;
1-5 May 25, 1993, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 7, Nays 0; May 25, 1993,
1-7 sent to printer.)
1-8 COMMITTEE VOTE
1-9 Yea Nay PNV Absent
1-10 Henderson x
1-11 Harris of Tarrant x
1-12 Brown x
1-13 Harris of Dallas x
1-14 Luna x
1-15 Parker x
1-16 West x
1-17 COMMITTEE SUBSTITUTE FOR H.B. No. 2529 By: Henderson
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to immunity from civil liability for certain persons
1-21 responsible for or acting in furtherance of programs in which
1-22 juvenile probationers are required to perform manual labor or to
1-23 perform community service.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 142.004, Human Resources Code, is amended
1-26 to read as follows:
1-27 Sec. 142.004. Juvenile Probation Personnel. (a) A juvenile
1-28 probation officer or an employee of a juvenile probation community
1-29 service restitution program is not liable for damages arising from
1-30 an act or failure to act in connection with manual labor performed
1-31 by a child who has been placed on informal adjustment or who has
1-32 been adjudicated a delinquent child or a child in need of
1-33 supervision and the labor was performed as a condition to probation
1-34 ordered under Section 54.04(d)(1), Family Code, and the act or
1-35 failure to act was not intentional, wilfully or wantonly negligent,
1-36 or performed with conscious indifference or reckless disregard for
1-37 the safety of others.
1-38 (b) Juvenile probation personnel employed by a political
1-39 subdivision of the state are state employees for the purposes of
1-40 Chapter 104, Civil Practice and Remedies Code.
1-41 (c) A juvenile probation officer or an employee of a
1-42 juvenile probation community service restitution program is not
1-43 liable for damages arising from an act or failure to act by a
1-44 juvenile probation officer or an employee of a juvenile probation
1-45 community service restitution program in connection with manual
1-46 labor performed as a condition of probation ordered under Section
1-47 54.04(d)(1), Family Code, if the act or failure to act:
1-48 (1) was performed in an official capacity; and
1-49 (2) was not intentional, wilfully or wantonly
1-50 negligent, or performed with conscious indifference or reckless
1-51 disregard for the safety of others.
1-52 SECTION 2. Amend Section 81.023(b), Local Government Code,
1-53 to read as follows:
1-54 (b) The special counsel may be employed to:
1-55 (1) represent the county in any suit brought by or
1-56 against the county;
1-57 (2) prepare necessary documents and otherwise assist
1-58 the court, the county engineer, and other county employees in the
1-59 acquisition of rights-of-way for the county and for state highways;
1-60 <or>
1-61 (3) represent the county in condemnation proceedings
1-62 for the acquisition of rights-of-way for highways and other
1-63 purposes for which the county has the right of eminent domain; or
1-64 (4) represent the officials of the juvenile probation
1-65 department of the county in any suit brought by or against the
1-66 officials in their official capacity.
1-67 SECTION 3. Section 81.023(c), Local Government Code, is
1-68 repealed.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.
2-6 * * * * *
2-7 Austin,
2-8 Texas
2-9 May 25, 1993
2-10 Hon. Bob Bullock
2-11 President of the Senate
2-12 Sir:
2-13 We, your Committee on Jurisprudence to which was referred H.B. No.
2-14 2529, have had the same under consideration, and I am instructed to
2-15 report it back to the Senate with the recommendation that it do not
2-16 pass, but that the Committee Substitute adopted in lieu thereof do
2-17 pass and be printed.
2-18 Henderson,
2-19 Chairman
2-20 * * * * *
2-21 WITNESSES
2-22 No witnesses appeared on H.B. No. 2529.