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.