By Solomons H.B. No. 1881
Substitute the following for H.B. No. 1881:
By Tillery C.S.H.B. No. 1881
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to governmental liability and the liability of certain
1-3 persons for acts or omissions in connection with court-ordered
1-4 activities of a juvenile offender.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 54, Family Code, is amended by adding
1-7 Section 54.12 to read as follows:
1-8 Sec. 54.12. LIMITATION ON LIABILITY. (a) In this section:
1-9 (1) "Governmental unit" has the meaning assigned by
1-10 Section 101.001, Civil Practice and Remedies Code.
1-11 (2) "Person" means an individual, organization,
1-12 association, corporation, or partnership. The term does not
1-13 include a governmental unit.
1-14 (b) A person who serves as court approved sponsor for a teen
1-15 court program under Section 54.032 of the Family Code has no
1-16 greater liability for damages arising from an act or omission than
1-17 a court of this state or any member of a court of this state acting
1-18 in his or her official capacity or to a judicial function of a
1-19 governmental unit in connection with community service or other
1-20 activity, including a work, educational, or treatment activity
1-21 performed by a child under a court order.
1-22 SECTION 2. Subchapter C, Chapter 101, Civil Practice and
1-23 Remedies Code, is amended by adding Section 101.064 to read as
1-24 follows:
2-1 Sec. 101.064. COMMUNITY SERVICE OR ACTIVITY PERFORMED BY
2-2 JUVENILE. (a) This chapter does not apply to a claim arising in
2-3 connection with community service or other activity, including a
2-4 work, educational, or treatment activity, performed by a child
2-5 under a juvenile court order or under an order of any court having
2-6 jurisdiction over an offense committed by the child.
2-7 (b) This section does not apply to a claim arising in
2-8 connection with an activity performed by a child while committed to
2-9 the Texas Youth Commission.
2-10 SECTION 3. The change in law made by this Act applies only
2-11 to a cause of action that accrues on or after the effective date of
2-12 this Act. An action that accrued before the effective date of this
2-13 Act is governed by the law applicable to the action immediately
2-14 before the effective date of this Act, and that law is continued in
2-15 effect for that purpose.
2-16 SECTION 4. This Act takes effect September 1, 1995.
2-17 SECTION 5. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.