By Solomons H.B. No. 1881 74R4988 NSC-D 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 is not liable for damages arising from an act 1-15 or failure to act in connection with community service or other 1-16 activity, including a work, educational, or treatment activity, 1-17 performed by a child under a court order if the act or failure to 1-18 act is not intentional, is not wilfully or wantonly negligent, or 1-19 is performed with conscious indifference or reckless disregard for 1-20 the safety of another. 1-21 SECTION 2. Subchapter C, Chapter 101, Civil Practice and 1-22 Remedies Code, is amended by adding Section 101.064 to read as 1-23 follows: 1-24 Sec. 101.064. COMMUNITY SERVICE OR ACTIVITY PERFORMED BY 2-1 JUVENILE. (a) This chapter does not apply to a claim arising in 2-2 connection with community service or other activity, including a 2-3 work, educational, or treatment activity, performed by a child 2-4 under a juvenile court order. 2-5 (b) This section does not apply to a claim arising in 2-6 connection with an activity performed by a child while committed to 2-7 the Texas Youth Commission. 2-8 SECTION 3. The change in law made by this Act applies only 2-9 to a cause of action that accrues on or after the effective date of 2-10 this Act. An action that accrued before the effective date of this 2-11 Act is governed by the law applicable to the action immediately 2-12 before the effective date of this Act, and that law is continued in 2-13 effect for that purpose. 2-14 SECTION 4. This Act takes effect September 1, 1995. 2-15 SECTION 5. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended.