By Puente H.B. No. 137
Substitute the following for H.B. No. 137:
By Brady C.S.H.B. No. 137
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of certain persons for the conduct of a
1-3 child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 33.01, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 33.01. LIABILITY. A parent, legal guardian, or person
1-8 <other person> who has the legal duty of control and reasonable
1-9 discipline of a child is liable for death, personal injury, or
1-10 <any> property damage proximately caused by:
1-11 (1) the negligent conduct of the child if the conduct
1-12 is reasonably attributable to the negligent failure of the parent,
1-13 legal guardian, or person <or other person> to exercise that duty;
1-14 or
1-15 (2) the wilful and malicious conduct of a child who is
1-16 at least 12 years of age but under 18 years of age.
1-17 SECTION 2. Section 33.02, Family Code is amended to read as
1-18 follows:
1-19 Sec. 33.02 LIMITS OF RECOVERY. (a) Recovery for property
1-20 damage caused by wilful and malicious conduct is limited to actual
1-21 damages, not to exceed $25,000 <$15,000> per act, plus court costs
1-22 and reasonable attorneys' fees.
1-23 (b) This section does not impose a limitation on the amount
1-24 that may be recovered under this chapter for damages arising from a
2-1 personal injury or death.
2-2 SECTION 3. This Act takes effect September 1, 1995, and
2-3 applies only to a suit filed on or after that date. A suit filed
2-4 before the effective date of this Act is governed by the law in
2-5 effect on the date the suit was filed, and the former law is
2-6 continued in effect for that purpose.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.