By:  Puente                                           H.B. No. 2823
       73R7329 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability of certain persons for the conduct of a
    1-3  child.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 33.01, Family Code, is amended to read as
    1-6  follows:
    1-7        Sec. 33.01.  LIABILITY.  A parent or other person who has the
    1-8  duty of control and reasonable discipline of a child is liable for
    1-9  personal injury, <any> property damage, death, or any other harm
   1-10  proximately caused by:
   1-11              (1)  the negligent conduct of the child if the conduct
   1-12  is reasonably attributable to the negligent failure of the parent
   1-13  or other person to exercise that duty; or
   1-14              (2)  the wilful and malicious conduct of a child who is
   1-15  at least 12 years of age but under 18 years of age.
   1-16        SECTION 2.  Section 33.02, Family Code, is amended to read as
   1-17  follows:
   1-18        Sec. 33.02.  LIMITS OF RECOVERY.  Recovery for damage caused
   1-19  by wilful and malicious conduct is limited to actual damages, not
   1-20  to exceed $25,000 <$15,000> per act, plus court costs and
   1-21  reasonable attorneys' fees.
   1-22        SECTION 3.  This Act takes effect September 1, 1993, and
   1-23  applies only to a suit filed on or after that date.  A suit filed
   1-24  before the effective date of this Act is governed by the law in
    2-1  effect on the date the suit was filed, and the former law is
    2-2  continued in effect for that purpose.
    2-3        SECTION 4.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.