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.