BILL ANALYSIS C.S.H.B. 1881 By: Solomons 5-1-95 Committee Report (Substituted) BACKGROUND Some question whether traditional sentencing methods are providing an effective deterrent to juvenile criminal activity. Community service and other alternative sentencing can be attractive alternatives in this context. However, because of liability concerns, many host organizations are reluctant to sponsor community service activities for alternative juvenile offender sentencing. PURPOSE C.S.H.B. 1881 states that a court approved sponsor under a teen court program has no greater liability for damages that a court or a member of a court has in connection with community services activities performed by a child under a court order. 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 54, Family Code, by adding Section 54.12, LIMITATION ON LIABILITY. Sec. 54.12 (a) Definitions. (1) "Governmental unit" has the meaning assigned by Section 101.001, Civil Practices and Remedies Code. (2) "Persons" means an individual, organization, association, corporation, or partnership. The term does not include a governmental unit. (b) States that a person serving as a sponsor for a court approved teen court program has no greater liability for damages arising from an act or omission than a court of this state or any member of a court of this state acting in his or her official capacity or to a judicial function of a governmental unit in connection with community service or other activity, including a work, educational, or treatment activity performed by a child under a court order. SECTION 2. Amends Subchapter C, Chapter 101, Civil Practice and Remedies Code, by adding Section 101.064, COMMUNITY SERVICE OR ACTIVITY PERFORMED BY JUVENILE. Sec. 101.064 (a) Exempts, from this chapter, community service performed by a child under a juvenile court order or under an order of any court having jurisdiction over an offense committed by the child. (b) This section does not apply to children in the Texas Youth Commission. SECTION 3. Applies only to an action that begins on or after September 1, 1995. SECTION 4. Effective date - September 1, 1995. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. The substitute in Subsection (b) clarifies that a court approved sponsor under a teen court program has no greater liability for damages that a court or a member of a court has in connection with community services activities performed by a child under a court order. The original stated that a person was immune from liability if serving as sponsors of a teen court program. SECTION 2. The substitute in Subsection (a) amends language to include any court having jurisdiction over and offense committed by a child. SUMMARY OF COMMITTEE ACTION H.B. 1881 was considered by the Civil Practices Committee in a public hearing on March 22, 1995. No one testified in support of, in opposition to or neutrally on the bill. The chair referred the bill to a subcommittee consisting of Representatives Tillery (chair), Culberson and Sadler. The subcommittee considered a complete committee substitute for the bill. The substitute was adopted without objection. The bill was reported favorably, as substituted, to the full committee by a record vote of three ayes, zero nays, zero pnv and zero absent. H.B. 1881 was considered on subcommittee report by the committee in a public hearing on April 26, 1995. The substitute was adopted without objection. The bill was reported favorably, as substituted, with the recommendation that it do pass and be printed, by a record vote of six ayes, zero nays, zero pnv and three absent.