By Naishtat                                           H.B. No. 1658
       74R5491 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to liability for theft committed by a child.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 134, Civil Practice and Remedies Code, is
    1-5  amended by adding Section 134.006 to read as follows:
    1-6        Sec. 134.006.  APPLICABILITY.  A person may not recover any
    1-7  damages under this chapter in relation to a theft by a child
    1-8  occuring at a facility if:
    1-9              (1)  the facility is funded in whole or in part by the
   1-10  state and licensed by the state; and
   1-11              (2)  the facility accepts responsibility for the child
   1-12  or accepts the duty of control of the child:
   1-13                    (A)  under any applicable state licensing act or
   1-14  other state law; and
   1-15                    (B)  with the permission of, or at the direction
   1-16  or order of, a state agency, a parent or guardian of the child, or
   1-17  a court.
   1-18        SECTION 2.  (a)  This Act takes effect September 1, 1995.
   1-19        (b)  This Act applies only to theft as that term is defined
   1-20  by Section 134.002(2), Civil Practice and Remedies Code, that
   1-21  occurs on or after the effective date of this Act.  Theft occurs on
   1-22  or after the effective date of this Act only if every element of
   1-23  the theft occurs on or after that date.
   1-24        (c)  Theft that occurs before the effective date of this Act
    2-1  is governed by the law in effect at the time the theft occurred,
    2-2  and that law is continued in effect for that purpose.
    2-3        SECTION 3.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.