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.