By Cuellar of Webb                                     H.B. No. 991
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to provisions making restitution mandatory for a juvenile,
    1-3  parent, custodian, or guardian when a juvenile is found to have
    1-4  engaged in delinquent conduct or conduct indicating a need for
    1-5  supervision in an adjudicated hearing for offenses involving crimes
    1-6  against property; and creating a victim-offender mediation program
    1-7  in the juvenile justice system.
    1-8        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-9        SECTION 1.  Subchapter C, Chapter 141, Human Resources Code,
   1-10  is amended by adding Section 141.050 to read as follows:
   1-11        Sec. 141.050.  VICTIM-OFFENDER MEDIATION.  The commission
   1-12  shall develop guidelines for voluntary victim-offender mediation
   1-13  programs to be operated by juvenile boards in the counties.
   1-14        SECTION 2.  Subchapter A, Chapter 151, Human Resources Code,
   1-15  is amended by adding Section 151.0011 to read as follows:
   1-16        Sec. 151.0011.  VOLUNTARY VICTIM-OFFENDER MEDIATION.  The
   1-17  juvenile board may establish a voluntary victim-offender mediation
   1-18  program consistent with the guidelines promulgated by the juvenile
   1-19  probation commission under Section 141.050 of this code.
   1-20        SECTION 3.  Subsection (d), Section 53.03, Family Code, is
   1-21  amended to read as follows:
   1-22        (d)  An informal adjustment authorized by this section must
   1-23  include, but is not limited to <may involve>:
    2-1              (1)  mandatory <voluntary> restitution by the child or
    2-2  a <his> parent, custodian, or guardian of the child to the victim
    2-3  of an offense in an amount to be determined by the probation
    2-4  officer or other designated officer of the court or in an amount to
    2-5  be agreed upon after victim-offender mediation in all instances
    2-6  involving conduct the commission of which resulted in property
    2-7  damage or loss or personal injury.
    2-8              (2)  personal services to a charitable or educational
    2-9  institution in the manner prescribed by the probation officer or
   2-10  other designated officer of the court in lieu of restitution, if
   2-11  the child or parent, custodian, or guardian is unable to make full
   2-12  or partial restitution or if restitution is not appropriate under
   2-13  the circumstances <voluntary community service restitution by the
   2-14  child>.
   2-15              (3)  In the event that a child is unable to satisfy the
   2-16  requirement for mandatory restitution, the child's parents,
   2-17  custodian, or guardian is financially liable.  If the child or the
   2-18  parent, custodian, or guardian fail to comply with the requirements
   2-19  imposed by this subsection, further proceedings are authorized and
   2-20  warranted under this code.
   2-21        SECTION 4.  Subsections (b) and (d), Section 54.032, Family
   2-22  Code, are amended to read as follows:
   2-23        (b)  The teen court program must be approved by the court,
   2-24  subject to the limitations provided in this subsection:<.>
   2-25              (1)  No teen court program may be approved, unless it
    3-1  requires that the child or a parent, custodian, or guardian of the
    3-2  child make restitution to the victim of the offense in an amount to
    3-3  be determined by the court, if a child is found to have engaged in
    3-4  delinquent conduct arising from the commission of an offense in
    3-5  which property damage or loss or personal injury occurred.
    3-6              (2)  In the event that a child participating in the
    3-7  teen court program is unable to satisfy this requirement, the
    3-8  child's parents, custodian, or guardian is financially liable.
    3-9              (3)  If the child or parent is unable to make full or
   3-10  partial restitution or if a restitution order is not appropriate
   3-11  under the circumstances, the court may order the child to render
   3-12  personal services to a charitable or educational institution in the
   3-13  manner prescribed in the court order in lieu of restitution.
   3-14              (4)  Failure on the part of the child or the parent,
   3-15  custodian, or guardian to comply with the requirements imposed by
   3-16  this subsection will result in the child failing to complete the
   3-17  teen court program.
   3-18        (d)  A case dismissed under this section shall remain a <may
   3-19  not be> part of the child's records <for any purpose>.
   3-20        SECTION 5.  Subsection (b), Section 54.041, Family Code, is
   3-21  amended to read as follows:
   3-22        (b)  If a child is found to have engaged in delinquent
   3-23  conduct arising from the commission of an offense in which property
   3-24  damage or loss or personal injury occurred, the juvenile court, on
   3-25  notice to all persons affected and on hearing, shall <may> order
    4-1  the child or a parent, custodian, or guardian of the child to make
    4-2  full or partial restitution to the victim of the offense, as
    4-3  provided in this subsection.  If the court fails to order
    4-4  restitution, the court shall state for the record the reasons why
    4-5  restitution has not been ordered.
    4-6              (1)  The program of restitution must promote the
    4-7  rehabilitation of the child, be appropriate to the age and
    4-8  physical, emotional, and mental abilities of the child, and not
    4-9  conflict with the child's schooling.   When practicable and subject
   4-10  to court supervision, the court may approve a restitution program
   4-11  based on a settlement between the child and the victim of the
   4-12  offense.  An order under this subsection may provide for periodic
   4-13  payments by the child or a parent, custodian, or guardian of the
   4-14  child for the period specified in the order but that period may not
   4-15  extend past the 18th birthday of the child.
   4-16              (2)  If the child or parent is unable to make full or
   4-17  partial restitution or if a restitution order is not appropriate
   4-18  under the circumstances, the court may order the child to render
   4-19  personal services to a charitable or educational institution in the
   4-20  manner prescribed in the court order in lieu of restitution.
   4-21              (3)  Restitution under this section is cumulative of
   4-22  any other remedy allowed by law and may be used in addition to
   4-23  other remedies; except that a victim of an offense is not entitled
   4-24  to receive more than actual damages under a juvenile court order.
   4-25              (4)  A city, town, or county that establishes a program
    5-1  to assist children in rendering personal services to a charitable
    5-2  or educational institution as authorized by this subsection may
    5-3  purchase insurance policies protecting the city, town, or county
    5-4  against claims brought by a person other than the child for a cause
    5-5  of action that arises from an act or the child while rendering
    5-6  those services.  The city, town, or county is not liable under this
    5-7  Act to the extent that damages are recoverable under a contract or
    5-8  insurance or under a plan of self-insurance authorized by statute.
    5-9  The liability of the city, town, or county for a cause of action
   5-10  that arises from an action of the child while rendering those
   5-11  services may not exceed $100,000 to a single person and $300,000 of
   5-12  a single occurrence in the case of personal injury or death, and
   5-13  $10,000 for a single occurrence of property damage.  Liability may
   5-14  not extend to punitive or exemplary damages.
   5-15              (5)  This subsection does not waive a defense,
   5-16  immunity, or jurisdictional bar available to the city, town, or
   5-17  county or its officer or employees, not shall this Act be construed
   5-18  to waive, repeal, or modify any provision of the Texas Tort Claims
   5-19  Act, as amended (Civil Practice and Remedies Code, chapter 102
   5-20  <Article 6252-19, Vernon's Texas Civil Statutes>).
   5-21        SECTION 6.  SEVERABILITY.  If any section, sentence, clause,
   5-22  or part of this Act shall, for any reason, be held invalid, such
   5-23  invalidity shall not affect the remaining portions of the Act, and
   5-24  it is hereby declared to be the intention of this legislature to
   5-25  have passed each section, sentence, clause, or part irrespective of
    6-1  the fact that any other section, sentence, clause, or part may be
    6-2  declared invalid.
    6-3        SECTION 7.  CRIMINAL OFFENSES OR VIOLATIONS.  (a)  The
    6-4  changes in law made by this Act apply only to an offense committed
    6-5  or a violation that occurs on or after the effective date of this
    6-6  Act.  For the purposes of this Act, an offense is committed or a
    6-7  violation occurs before the effective date of this Act if any
    6-8  element of the offense or violation occurs before that date.
    6-9        (b)  An offense committed or violation that occurs before the
   6-10  effective date of this Act is covered by the law in effect when the
   6-11  offense was committed or the violation occurred, and the former law
   6-12  is continued in effect for this purpose.
   6-13        SECTION 8.  EFFECTIVE DATE.  This Act takes effect on
   6-14  September 1, 1995.
   6-15        SECTION 9.  EMERGENCY.  The importance of this legislation
   6-16  and the crowded condition of the calendars in both houses create an
   6-17  emergency and an imperative public necessity that the
   6-18  constitutional rule requiring bill to be read on three several days
   6-19  in each house be suspended, and this rule is hereby suspended.