BILL ANALYSIS



C.S.H.B. 2538
By: Luna
05-08-95
Committee Report (Substituted)


BACKGROUND

There has been an increase in recent years in the amount of
graffiti that is appearing throughout our towns and cities.  Under
current law, juvenile courts cannot be order juveniles to remove
graffiti on private property.  Also, there is no way of holding the
parents or guardians accountable for the actions of the child. 

PURPOSE

This bill allows the courts to order parents or guardians to pay
restitution and/or participate in community service with their
child.  The bill also allows the child and parents or guardians to
remove or clean graffiti from private property.  A provision is
added that provides for the exchange of law enforcement records on
a child identified as having used graffiti.

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 51.14(c), Family Code, and adds new subsection
(f):

     (c)   makes conforming changes.

     (f)   provides for the exchange of law enforcement records on
           a child identified as having used graffiti, with other
           law enforcement entities.

SECTION 2. Amends Sections 54.041(b)-(e), Family Code, and adds new
subsection (i) as        follows:

     (b)   Adds the option to the juvenile court to include the
           parent or guardian of the child when ordering full or
           partial restitution to the victim of the offense.
     
           Subsection (b) divided into new subsections (c)-(e).

     (c)   Allows community service to be ordered with or instead
           of restitution.  Community service may include the
           removal of graffiti on public or private property. 
           Parents or guardians may be included in the order for
           community service.

     (d)   Restitution is cumulative.

     (e)   Technical changes to include parents or guardians,
           referencing community service, and renaming of Chapter
           101, Civil Practice and Remedies Code.

     (f)-(h)   Conforming changes.

     (i)   Allows for periodic review hearings by the court.

SECTION 3. (a) Continues Act after January 1, 1996.  Makes
               application of this Act prospective.

     
SECTION 4. Effective date September 1, 1995.

SECTION 5. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2538 adds SECTION 1 amending Section 51.14(c) and adding
(f) to provide for the exchange of law enforcement records on a
child identified as having used graffiti, with other law
enforcement entities.  The substitute bill adds Section 54.041(i),
Family Code, (SECTION 2) to allow for periodic review hearings by
the court, and provides that this Act continues in effect after
January 1, 1996, notwithstanding any conflicting provision of any
other Act of the 74th Legislature, Regular Session, 1995.  

SUMMARY OF COMMITTEE ACTION

On March 13, 1995, H.B. 2538 was referred directly to subcommittee
by the Chair.  

In a public hearing on May 3, 1995, the bill was recalled from
subcommittee by the Chair.  The committee considered a complete
substitute which was adopted without objection.  The committee
reported H.B. 2538 favorably as substituted with the recommendation
that it do pass and be printed by a record vote of 7 ayes, 1 nay,
0 pnv, 1 absent.