1-1 By: Luna S.B. No. 721
1-2 (In the Senate - Filed March 9, 1993; March 10, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 30, 1993, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; March 30, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to authorizing a juvenile court to require certain
1-18 children to engage in community service.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 54.041, Family Code, is amended by
1-21 amending Subsection (b) and adding Subsection (f) to read as
1-22 follows:
1-23 (b) If a child is found to have engaged in delinquent
1-24 conduct arising from the commission of an offense in which property
1-25 damage or loss or personal injury occurred, the juvenile court, on
1-26 notice to all persons affected and on hearing, may order the child
1-27 or a parent to make full or partial restitution to the victim of
1-28 the offense. The program of restitution must promote the
1-29 rehabilitation of the child, be appropriate to the age and
1-30 physical, emotional, and mental abilities of the child, and not
1-31 conflict with the child's schooling. When practicable and subject
1-32 to court supervision, the court may approve a restitution program
1-33 based on a settlement between the child and the victim of the
1-34 offense. An order under this subsection may provide for periodic
1-35 payments by the child or a parent of the child for the period
1-36 specified in the order but that period may not extend past the 18th
1-37 birthday of the child. In addition to ordering restitution, or if
1-38 <If> the child or parent is unable to make full or partial
1-39 restitution or the <if a> restitution order is not appropriate
1-40 under the circumstances, the court shall <may> order the child to
1-41 render personal services to a charitable or educational institution
1-42 in the manner prescribed in the court order <in lieu of
1-43 restitution>. Restitution under this section is cumulative of any
1-44 other remedy allowed by law and may be used in addition to other
1-45 remedies; except that a victim of an offense is not entitled to
1-46 receive more than actual damages under a juvenile court order. <A
1-47 city, town, or county that establishes a program to assist children
1-48 in rendering personal services to a charitable or educational
1-49 institution as authorized by this subsection may purchase insurance
1-50 policies protecting the city, town, or county against claims
1-51 brought by a person other than the child for a cause of action that
1-52 arises from an act of the child while rendering those services.
1-53 The city, town, or county is not liable under this Act to the
1-54 extent that damages are recoverable under a contract of insurance
1-55 or under a plan of self-insurance authorized by statute. The
1-56 liability of the city, town, or county for a cause of action that
1-57 arises from an action of the child while rendering those services
1-58 may not exceed $100,000 to a single person and $300,000 for a
1-59 single occurrence in the case of personal injury or death, and
1-60 $10,000 for a single occurrence of property damage. Liability may
1-61 not extend to punitive or exemplary damages. This subsection does
1-62 not waive a defense, immunity, or jurisdictional bar available to
1-63 the city, town, or county or its officers or employees, nor shall
1-64 this Act be construed to waive, repeal, or modify any provision of
1-65 the Texas Tort Claims Act, as amended (Article 6252-19, Vernon's
1-66 Texas Civil Statutes).>
1-67 (f) A city, town, or county that establishes a program to
1-68 assist children in rendering personal services to a charitable or
2-1 educational institution as authorized by this section may purchase
2-2 insurance policies protecting the city, town, or county against
2-3 claims brought by a person other than the child for a cause of
2-4 action that arises from an act of the child while rendering those
2-5 services. The city, town, or county is not liable under this
2-6 section to the extent that damages are recoverable under a contract
2-7 of insurance or under a plan of self-insurance authorized by
2-8 statute. The liability of the city, town, or county for a cause of
2-9 action that arises from an action of the child while rendering
2-10 those services may not exceed $100,000 to a single person and
2-11 $300,000 for a single occurrence in the case of personal injury or
2-12 death and $10,000 for a single occurrence of property damage.
2-13 Liability may not extend to punitive or exemplary damages. This
2-14 subsection does not waive a defense, immunity, or jurisdictional
2-15 bar available to the city, town, or county or its officers or
2-16 employees, nor shall this subsection be construed to waive, repeal,
2-17 or modify any provision of Chapter 101, Civil Practice and Remedies
2-18 Code.
2-19 SECTION 2. This Act takes effect September 1, 1993, and
2-20 applies only to conduct that occurs on or after that date.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.
2-26 * * * * *
2-27 Austin,
2-28 Texas
2-29 March 30, 1993
2-30 Hon. Bob Bullock
2-31 President of the Senate
2-32 Sir:
2-33 We, your Committee on Jurisprudence to which was referred S.B.
2-34 No. 721, have had the same under consideration, and I am instructed
2-35 to report it back to the Senate with the recommendation that it do
2-36 pass and be printed.
2-37 Henderson,
2-38 Chairman
2-39 * * * * *
2-40 WITNESSES
2-41 No witnesses appeared on S.B. No. 721.