BILL ANALYSIS



C.S.H.B. 137
By: Puente
April 12, 1995
Committee Report (Substituted)


BACKGROUND

Juvenile delinquency has become a growing problem, both in the
frequency and seriousness of the offenses committed.  Parents and
guardians should be held responsible for the negligent or malicious
acts of their children.  Parental responsibility must be included
in any program to combat problems relating to juvenile delinquency. 
Under current law, a parent or guardian of a child can be held
liable for the property damage caused by the negligent or malicious
conduct of the child.  The amount for which a parent can be held
responsible is now $15,000 for each act of the child.  This law
does not reflect the change in juvenile crime patterns.  In the
past, juvenile crime was mostly limited to acts such as vandalism. 
Violent juvenile crimes resulting in death or personal injury have
become more common.

PURPOSE

CSHB 137 would amend the current law to allow a parent or guardian
of a minor child to be held liable for the death, personal injury,
or any other harm caused by the child.  It would also raise the
limit on the amount of recovery from $15,000 to $25,000 per act.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 33.01, Family Code, to allow a parent,
guardian, or person with a legal duty to control a child to be held
liable for death, personal injury, or property damage proximately
caused by certain conduct of a child.

SECTION 2.  Amends Section 33.02, Family Code, to limit the amount
of recovery for property damage to $25,000 per act of the child. 
Provides no limitation on the amount of recovery for death or
personal injury.

SECTION 3.  Effective date:  September 1, 1995.  Makes application
of this Act prospective.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 137 adds a legal guardian or person with a legal duty to
control a child as one who may be held liable for conduct of a
child, and deletes language imposing liability for "any other harm"
caused by a child's conduct.  CSHB 137 imposes the $25,000
limitation on recovery for property damage only, and removes the
limitation on recovery for damages arising from death or personal
injury.

SUMMARY OF COMMITTEE ACTION

H.B. 137 was considered in a public hearing on 8 February 1995.


The following person testified neutrally on the bill: Robert L.
Green Jr., Primary Nurturing Fathers of Texas/Texas Fathers
Alliance.

The bill was left pending in committee.

On 15 February 1995, in a public hearing, H.B. 137 was referred to
the Subcommittee on Parental Liability composed of Representatives
Brady, Naishtat and Puente, Chair.

On 14 March 1995, a scheduled formal meeting of the subcommittee
was canceled.

The 5 day posting rule was suspended on 21 March 1995 and the bill
was considered in a public hearing of the Parental Liability
Subcommittee.

The following person testified in favor of the bill: Ms. Patricia
Hayes, Texas Classroom Teachers
Association.

The subcommittee considered a complete substitute for H.B. 137
which was adopted without objection.  The bill was reported
favorably as substituted to the full committee by a record vote of
3 ayes, 0 nays, 0 pnv, 0 absent.

H.B. 137 was considered on subcommittee report by the committee in
a public hearing on 29 March 1995.

The bill was reported favorably without amendment with the
recommendation that it do pass and be printed by a record vote of
6 ayes, 0 nays, 0 pnv and 3 absent.

On 5 April 1995, in a public hearing, the committee reconsidered
the vote by which H.B. 137 was reported from committee.  A
substitute was adopted without objection.  H.B. 137 was reported
favorably as substituted with the recommendation that it do pass
and be printed by a record vote of 6 ayes, 0 nays, 0 pnv and 3
absent.