BILL ANALYSIS



H.B. 745
By: Cuellar, H.
04-03-95
Committee Report (Amended)


BACKGROUND

For the last decade, the rate of juvenile crime has been soaring. 
Certain measures should be used to make parents accountable for the
crimes their children commit.

PURPOSE

To hold parents legally responsible for their children's delinquent
conduct to help curb juvenile crime.

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 Chapter 25, Penal Code, by adding Section 25.09
as follows:

     Sec. 25.09.  CRIMINAL RESPONSIBILITY OF PARENT FOR CHILD'S  DELINQUENT CONDUCT.  Defines "child", "conduct indicating a
need for supervision",   "delinquent conduct", "parent" and
"parental duty" for purposes of this section.  Provides
     that a parent commits a Class C misdemeanor offense if the
parent fails to perform a     parental duty to prevent his or her
child from engaging in delinquent conduct or conduct   indicating
a need for supervision.

SECTION 2.  Amends Article 42.12, Code of Criminal Procedure, by
adding Section 14A as follows:

     Sec. 14A.  PARENT FAILING TO PERFORM PARENTAL DUTY. 
Authorizes a court 
     to require a parent committing an offense under Section 25.09,
Penal Code, to attend 
     counseling or pay restitution to a victim of the child's
delinquent conduct or conduct 
     indicating a need for supervision.  Authorizes a court to make
counseling available
     without cost if the defendant is unable to pay.  

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee Amendment No.1 makes a parent's failure to perform a
parental duty to prevent his or her child's delinquent conduct or
conduct indicating a need for supervision a Class C, rather than
Class B, misdemeanor.

SUMMARY OF COMMITTEE ACTION

HB 745 was referred by the Chair directly to the Subcommittee on
Parental Liability on 15 February 1995.  A formal meeting of the
subcommittee scheduled for 14 March 1995 was cancelled.

On 21 March 1995, the 5 day posting rule was suspended from the
floor of the House and HB 745 was considered in a public hearing of
the subcommittee. 

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

HB 745 was reported favorably without amendments to the full
committee by a record vote of 3 ayes, 0 nays, 0 pnv, 0 absent.

On 29 March 1995, the committee considered the subcommittee report
on HB 745.  One (1) amendment was adopted without objection. HB 745
was reported favorably as amended with the recommendation that it
do pass and be printed by a record vote of 6 ayes, 0 nays, 0 pnv,
3 
absent.