By Zbranek H.B. No. 216
74R587 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil liability of certain persons for medical
1-3 expenses relating to a personal injury caused by the negligent or
1-4 wilful and malicious conduct of a child.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 33.01, Family Code, is amended to read as
1-7 follows:
1-8 Sec. 33.01. Liability. A parent or other person who has the
1-9 duty of control and reasonable discipline of a child is liable for
1-10 any property damage, or damages for medical expenses relating to a
1-11 personal injury, proximately caused by:
1-12 (1) the negligent conduct of the child if the conduct
1-13 is reasonably attributable to the negligent failure of the parent
1-14 or other person to exercise that duty; 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. This Act takes effect September 1, 1995, and
1-18 applies only to a cause of action that accrues on or after that
1-19 date. A cause of action that accrued before the effective date of
1-20 this Act is governed by the law in effect at the time the cause of
1-21 action accrued, and that law is continued in effect for that
1-22 purpose.
1-23 SECTION 3. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.