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.