By Puente, et al.                                      H.B. No. 137
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the criminal responsibility and civil liability of
    1-3  certain persons for the conduct of a child; providing a criminal
    1-4  penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 41.001, Family Code, as added by House
    1-7  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
    1-8  amended to read as follows:
    1-9        Sec. 41.001.  Liability.  (a)  A parent, legal guardian, or
   1-10  <other> person who has the legal duty of control and reasonable
   1-11  discipline of a child is liable for death, personal injury, or
   1-12  <any> property damage proximately caused by:
   1-13              (1)  the negligent conduct of the child if the conduct
   1-14  is reasonably attributable to the negligent failure of the parent,
   1-15  legal guardian, or person <other persons> to exercise that duty; or
   1-16              (2)  the wilful and malicious conduct of a child who is
   1-17  at least 12 years of age but under 18 years of age.
   1-18        (b)  It is a defense to a claim under this chapter that the
   1-19  parent, legal guardian, or person against whom the claim is brought
   1-20  engaged in reasonable efforts to control and discipline the child.
   1-21        (c)  It is a defense to a claim under this chapter that the
   1-22  child has run away from the home of the parent, legal guardian, or
   1-23  person against whom the claim is brought and that the parent,
   1-24  guardian, or person has reported the child to the appropriate law
    2-1  enforcement agency and made other reasonable efforts to return the
    2-2  child to the child's home.
    2-3        SECTION 2.  Section 41.002, Family Code, as added by House
    2-4  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
    2-5  amended to read as follows:
    2-6        Sec. 41.002.  Limit of Damages.  (a)  Recovery for property
    2-7  damage caused by wilful and malicious conduct is limited to actual
    2-8  damages, not to exceed $25,000 <$15,000> per occurrence, plus court
    2-9  costs and reasonable attorney's fees.
   2-10        (b)  This section does not impose a limitation on the amount
   2-11  that may be recovered under this chapter for damages arising from a
   2-12  personal injury or death.
   2-13        SECTION 3.  Chapter 25, Penal Code, is amended by adding
   2-14  Section 25.09 to read as follows:
   2-15        Sec. 25.09.  CRIMINAL RESPONSIBILITY OF PARENT FOR CHILD'S
   2-16  DELINQUENT CONDUCT.  (a)  In this section:
   2-17              (1)  "Child" means a person who is younger than 17
   2-18  years of age.
   2-19              (2)  "Conduct indicating a need for supervision" has
   2-20  the meaning assigned by Section 51.03(b), Family Code.
   2-21              (3)  "Delinquent conduct" has the meaning assigned by
   2-22  Section 51.03(a), Family Code.
   2-23              (4)  "Parent" means a natural or adoptive parent,
   2-24  stepparent, person in loco parentis, or legal guardian of the
   2-25  person of the child.
   2-26              (5)  "Parental duty" means the continuous duty of a
   2-27  parent to exercise reasonable control to prevent the parent's child
    3-1  from engaging in delinquent conduct or conduct indicating a need
    3-2  for supervision.
    3-3        (b)  A parent commits an offense if the parent recklessly or
    3-4  with criminal negligence fails to perform a parental duty to
    3-5  prevent the parent's child from engaging in delinquent conduct or
    3-6  conduct indicating a need for supervision.
    3-7        (c)  An offense under this section is a Class C misdemeanor.
    3-8        SECTION 4.  Article 42.12, Code of Criminal Procedure, is
    3-9  amended by adding Section 14A to read as follows:
   3-10        Sec. 14A.  PARENT FAILING TO PERFORM PARENTAL DUTY.  (a)  In
   3-11  addition to other conditions of community supervision, a court
   3-12  granting community supervision to a defendant convicted of an
   3-13  offense under Section 25.09, Penal Code, may require the defendant
   3-14  as a condition of community supervision to attend counseling or, if
   3-15  the court finds the defendant is financially able, to pay
   3-16  restitution to a victim of delinquent conduct or conduct indicating
   3-17  a need for supervision committed by the defendant's child.
   3-18        (b)  The court shall require the defendant to pay the
   3-19  reasonable costs of counseling required under this section unless
   3-20  the court finds that the defendant is financially unable to make
   3-21  payment.  If the court finds the defendant is unable to make
   3-22  payment, the court may make the counseling available to the
   3-23  defendant without cost.
   3-24        SECTION 5.  This Act takes effect September 1, 1995, and
   3-25  applies only to a suit filed on or after that date.  A suit filed
   3-26  before the effective date of this Act is governed by the law in
   3-27  effect on the date the suit was filed, and the former law is
    4-1  continued in effect for that purpose.
    4-2        SECTION 6.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.