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.