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.