By Cuellar of Webb, Carona H.B. No. 745 74R4032 NSC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to criminal responsibility of a parent for a child's 1-3 delinquent conduct; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 25, Penal Code, is amended by adding 1-6 Section 25.09 to read as follows: 1-7 Sec. 25.09. CRIMINAL RESPONSIBILITY OF PARENT FOR CHILD'S 1-8 DELINQUENT CONDUCT. (a) In this section: 1-9 (1) "Child" means a person who is younger than 17 1-10 years of age. 1-11 (2) "Conduct indicating a need for supervision" has 1-12 the meaning assigned by Section 51.03(b), Family Code. 1-13 (3) "Delinquent conduct" has the meaning assigned by 1-14 Section 51.03(a), Family Code. 1-15 (4) "Parent" means a natural or adoptive parent, 1-16 stepparent, person in loco parentis, or legal guardian of the 1-17 person of the child. 1-18 (5) "Parental duty" means the continuous duty of a 1-19 parent to exercise reasonable control to prevent the parent's child 1-20 from engaging in delinquent conduct or conduct indicating a need 1-21 for supervision. 1-22 (b) A parent commits an offense if the parent recklessly or 1-23 with criminal negligence fails to perform a parental duty to 1-24 prevent the parent's child from engaging in delinquent conduct or 2-1 conduct indicating a need for supervision. 2-2 (c) An offense under this section is a Class B misdemeanor. 2-3 SECTION 2. Article 42.12, Code of Criminal Procedure, is 2-4 amended by adding Section 14A to read as follows: 2-5 Sec. 14A. PARENT FAILING TO PERFORM PARENTAL DUTY. (a) In 2-6 addition to other conditions of community supervision, a court 2-7 granting community supervision to a defendant convicted of an 2-8 offense under Section 25.09, Penal Code, may require the defendant 2-9 as a condition of community supervision to attend counseling or, if 2-10 the court finds the defendant is financially able, to pay 2-11 restitution to a victim of delinquent conduct or conduct indicating 2-12 a need for supervision committed by the defendant's child. 2-13 (b) The court shall require the defendant to pay the 2-14 reasonable costs of counseling required under this section unless 2-15 the court finds that the defendant is financially unable to make 2-16 payment. If the court finds the defendant is unable to make 2-17 payment, the court may make the counseling available to the 2-18 defendant without cost. 2-19 SECTION 3. This Act takes effect September 1, 1995. 2-20 SECTION 4. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended.