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.