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.