By Gutierrez, Munoz, Solis                             H.B. No. 248
       74R248 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the civil liability of certain persons for a child's
    1-3  conduct that results in property damage or personal injury.
    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 or other person who has the
    1-8  duty of control and reasonable discipline of a child is liable for
    1-9  any:
   1-10              (1)  property damage proximately caused by:
   1-11                    (A) <(1)>  the negligent conduct of the child if
   1-12  the conduct is reasonably attributable to the negligent failure of
   1-13  the parent or other person to exercise that duty; or
   1-14                    (B) <(2)>  the wilful and malicious conduct of a
   1-15  child who is at least 12 years of age but under 18 years of age;
   1-16  and
   1-17              (2)  damages arising from personal injury or death
   1-18  proximately caused by the wilful and malicious conduct of a child
   1-19  who is at least 12 years of age but under 18 years of age.
   1-20        SECTION 2.  Section 33.02, Family Code, is amended to read as
   1-21  follows:
   1-22        Sec. 33.02.  Limits of Recovery.  (a)  Recovery for property
   1-23  damage caused by wilful and malicious conduct is limited to actual
   1-24  damages, not to exceed $25,000 <$15,000> per act, plus court costs
    2-1  and reasonable attorneys' fees.
    2-2        (b)  This section does not impose a limitation on the amount
    2-3  that may be recovered under this chapter for damages arising from a
    2-4  personal injury or death.
    2-5        SECTION 3.  This Act takes effect September 1, 1995, and
    2-6  applies only to a cause of action that accrues on or after that
    2-7  date.  A cause of action that accrued before the effective date of
    2-8  this Act is governed by the law in effect at the time the cause of
    2-9  action accrued, and that law is continued in effect for that
   2-10  purpose.
   2-11        SECTION 4.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.