By McCoulskey H.B. No. 1132
74R3661 DD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a juvenile court to order a child to
1-3 perform community service and to the criminal responsibility of a
1-4 parent for the delinquent conduct of a child; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 54.041(b)-(e), Family Code, are amended
1-7 to read as follows:
1-8 (b) If a child is found to have engaged in delinquent
1-9 conduct arising from the commission of an offense in which property
1-10 damage or loss or personal injury occurred, the juvenile court, on
1-11 notice to all persons affected and on hearing, may order the child
1-12 or a parent to make full or partial restitution to the victim of
1-13 the offense. The program of restitution must promote the
1-14 rehabilitation of the child, be appropriate to the age and
1-15 physical, emotional, and mental abilities of the child, and not
1-16 conflict with the child's schooling. When practicable and subject
1-17 to court supervision, the court may approve a restitution program
1-18 based on a settlement between the child and the victim of the
1-19 offense. An order under this subsection may provide for periodic
1-20 payments by the child or a parent of the child for the period
1-21 specified in the order but that period may not extend past the 18th
1-22 birthday of the child. In addition to or in lieu of restitution, a
1-23 juvenile <If the child or parent is unable to make full or partial
1-24 restitution or if a restitution order is not appropriate under the
2-1 circumstances, the> court may order the child to perform community
2-2 service as <render personal services to a charitable or educational
2-3 institution in the manner> prescribed by Subsection (c) <in the
2-4 court order in lieu of restitution>. Restitution under this
2-5 section is cumulative of any other remedy allowed by law and may be
2-6 used in addition to other remedies; except that a victim of an
2-7 offense is not entitled to receive more than actual damages under a
2-8 juvenile court order.
2-9 (c) If a child is found to have engaged in delinquent
2-10 conduct or conduct indicating a need for supervision, the juvenile
2-11 court may order the child to perform community service. In
2-12 determining the amount of community service to order under this
2-13 section, the court shall apply the requirements used by a court in
2-14 ordering community service under Section 16, Article 42.12, Code of
2-15 Criminal Procedure.
2-16 (d) A city, town, or county that establishes a program to
2-17 assist children in rendering community service <personal services
2-18 to a charitable or educational institution> as authorized by
2-19 Subsection (c) <this subsection> may purchase insurance policies
2-20 protecting the city, town, or county against claims brought by a
2-21 person other than the child for a cause of action that arises from
2-22 an act of the child while rendering those services. The city,
2-23 town, or county is not liable under this Act to the extent that
2-24 damages are recoverable under a contract of insurance or under a
2-25 plan of self-insurance authorized by statute. The liability of the
2-26 city, town, or county for a cause of action that arises from an
2-27 action of the child while rendering those services may not exceed
3-1 $100,000 to a single person and $300,000 for a single occurrence in
3-2 the case of personal injury or death, and $10,000 for a single
3-3 occurrence of property damage. Liability may not extend to
3-4 punitive or exemplary damages. This subsection does not waive a
3-5 defense, immunity, or jurisdictional bar available to the city,
3-6 town, or county or its officers or employees, nor shall this Act be
3-7 construed to waive, repeal, or modify any provision of Chapter 101,
3-8 Civil Practice and Remedies Code <the Texas Tort Claims Act, as
3-9 amended (Article 6252-19, Vernon's Texas Civil Statutes)>.
3-10 (e) <(c)> A person subject to an order proposed under
3-11 Subsection (a) of this section is entitled to a hearing on the
3-12 order before the order is entered by the court.
3-13 (f) <(d)> An order made under this section may be enforced
3-14 as provided by Section 54.07 of this code.
3-15 (g) <(e)> If a child is found to have engaged in conduct
3-16 indicating a need for supervision described under Section
3-17 51.03(b)(2) of this code, the court may order the child's parents
3-18 or guardians to attend a class provided under Section 21.035(h),
3-19 Education Code, if the school district in which the child's parents
3-20 or guardians reside offers a class under that section.
3-21 SECTION 2. Chapter 25, Penal Code, is amended by adding
3-22 Section 25.09 to read as follows:
3-23 Sec. 25.09. CRIMINAL RESPONSIBILITY OF PARENT FOR CHILD'S
3-24 DELINQUENT CONDUCT. (a) In this section:
3-25 (1) "Child" has the meaning assigned by Section 51.02,
3-26 Family Code.
3-27 (2) "Conduct indicating a need for supervision" has
4-1 the meaning assigned by Section 51.03, Family Code.
4-2 (3) "Delinquent conduct" has the meaning assigned by
4-3 Section 51.03, Family Code.
4-4 (4) "Parent" means a natural or adoptive parent,
4-5 stepparent, person in loco parentis, or legal guardian of the
4-6 person of the child.
4-7 (5) "Parental duty" means the continuous duty of a
4-8 parent to exercise reasonable control to prevent the parent's child
4-9 from engaging in delinquent conduct or conduct indicating a need
4-10 for supervision.
4-11 (b) A parent commits an offense if the parent recklessly or
4-12 with criminal negligence fails to perform a parental duty.
4-13 (c) An offense under this section is a Class B misdemeanor.
4-14 SECTION 3. Article 42.12, Code of Criminal Procedure, is
4-15 amended by adding Section 14A to read as follows:
4-16 Sec. 14A. PARENT FAILING TO PERFORM PARENTAL DUTY. (a) A
4-17 court granting community supervision to a defendant convicted of an
4-18 offense under Section 25.09, Penal Code, shall require the
4-19 defendant as a condition of community supervision to perform
4-20 community service as provided by Section 16 of this article and to
4-21 attend parenting classes.
4-22 (b) The court shall require the defendant to pay the
4-23 reasonable costs of the parenting classes unless the court finds
4-24 that the defendant is financially unable to make payment. If the
4-25 court finds the defendant is unable to make payment, the court
4-26 shall make the classes available to the defendant without cost.
4-27 SECTION 4. This Act takes effect September 1, 1995.
5-1 SECTION 5. (a) The change in law made by this Act applies
5-2 only to conduct that occurs on or after the effective date of this
5-3 Act. Conduct violating a penal law of the state occurs on or after
5-4 the effective date of this Act if every element of the violation
5-5 occurs on or after that date.
5-6 (b) Conduct that occurs before the effective date of this
5-7 Act is covered by the law in effect at the time the conduct
5-8 occurred, and the former law is continued in effect for that
5-9 purpose.
5-10 SECTION 6. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended.