By De La Garza                                         H.B. No. 639
       74R2808 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of a juvenile court to order certain
    1-3  children to perform community service.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 54.041(b)-(e), Family Code, are amended
    1-6  to read as follows:
    1-7        (b)  If a child is found to have engaged in delinquent
    1-8  conduct arising from the commission of an offense in which property
    1-9  damage or loss or personal injury occurred, the juvenile court, on
   1-10  notice to all persons affected and on hearing, may order the child
   1-11  or a parent to make full or partial restitution to the victim of
   1-12  the offense.  The program of restitution must promote the
   1-13  rehabilitation of the child, be appropriate to the age and
   1-14  physical, emotional, and mental abilities of the child, and not
   1-15  conflict with the child's schooling.   When practicable and subject
   1-16  to court supervision, the court may approve a restitution program
   1-17  based on a settlement between the child and the victim of the
   1-18  offense.  An order under this subsection may provide for periodic
   1-19  payments by the child or a parent of the child for the period
   1-20  specified in the order but that period may not extend past the 18th
   1-21  birthday of the child.
   1-22        (c)  In addition to or in lieu of restitution, a juvenile <If
   1-23  the child or parent is unable to make full or partial restitution
   1-24  or if a restitution order is not appropriate under the
    2-1  circumstances, the> court may order a <the> child found to have
    2-2  engaged in delinquent conduct to render community service <personal
    2-3  services to a charitable or educational institution in the manner
    2-4  prescribed in the court order in lieu of restitution>.  The total
    2-5  number of hours of community service ordered may not exceed 500
    2-6  hours.  A court that orders a child to perform community service
    2-7  has continuing jurisdiction past the 18th birthday of the child if
    2-8  necessary to enforce the court's order under this subsection.
    2-9        (d)  Restitution under this section is cumulative of any
   2-10  other remedy allowed by law and may be used in addition to other
   2-11  remedies; except that a victim of an offense is not entitled to
   2-12  receive more than actual damages under a juvenile court order.
   2-13        (e)  A city, town, or county that establishes a program to
   2-14  assist children in rendering community service <personal services
   2-15  to a charitable or educational institution> as authorized by
   2-16  Subsection (c) of this section <this subsection> may purchase
   2-17  insurance policies protecting the city, town, or county against
   2-18  claims brought by a person other than the child for a cause of
   2-19  action that arises from an act of the child while rendering those
   2-20  services.  The city, town, or county is not liable under this Act
   2-21  to the extent that damages are recoverable under a contract of
   2-22  insurance or under a plan of self-insurance authorized by statute.
   2-23  The liability of the city, town, or county for a cause of action
   2-24  that arises from an action of the child while rendering those
   2-25  services may not exceed $100,000 to a single person and $300,000
   2-26  for a single occurrence in the case of personal injury or death,
   2-27  and $10,000 for a single occurrence of property damage.  Liability
    3-1  may not extend to punitive or exemplary damages.  This subsection
    3-2  does not waive a defense, immunity, or jurisdictional bar available
    3-3  to the city, town, or county or its officers or employees, nor
    3-4  shall this Act be construed to waive, repeal, or modify any
    3-5  provision of Chapter 101, Civil Practice and Remedies Code <the
    3-6  Texas Tort Claims Act, as amended (Article 6252-19, Vernon's Texas
    3-7  Civil Statutes)>.
    3-8        (f) <(c)>  A person subject to an order proposed under
    3-9  Subsection (a) of this section is entitled to a hearing on the
   3-10  order before the order is entered by the court.
   3-11        (g) <(d)>  An order made under this section may be enforced
   3-12  as provided by Section 54.07 of this code.
   3-13        (h) <(e)>  If a child is found to have engaged in conduct
   3-14  indicating a need for supervision described under Section
   3-15  51.03(b)(2) of this code, the court may order the child's parents
   3-16  or guardians to attend a class provided under Section 21.035(h),
   3-17  Education Code, if the school district in which the child's parents
   3-18  or guardians reside offers a class under that section.
   3-19        SECTION 2.  This Act takes effect September 1, 1995.
   3-20        SECTION 3.  (a)  The change in law made by this Act applies
   3-21  only to conduct that occurs on or after the effective date of this
   3-22  Act.  Conduct violating a penal law of the state occurs on or after
   3-23  the effective date of this Act if every element of the violation
   3-24  occurs on or after that date.
   3-25        (b)  Conduct that occurs before the effective date of this
   3-26  Act is covered by the law in effect at the time the conduct
   3-27  occurred, and the former law is continued in effect for that
    4-1  purpose.
    4-2        SECTION 4.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.