74R9807 NSC-D
By Luna H.B. No. 2538
Substitute the following for H.B. No. 2538:
By Van de Putte C.S.H.B. No. 2538
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the juvenile court to order certain
1-3 children and their parents to perform community service and to
1-4 records of graffiti tags.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.14, Family Code, is amended by
1-7 amending Subsection (c) and adding Subsection (f) to read as
1-8 follows:
1-9 (c) Except as provided by this subsection or Subsection (f),
1-10 law-enforcement files and records concerning a child shall be kept
1-11 separate from files and records of arrests of adults and shall be
1-12 maintained on a local basis only and not sent to a central state or
1-13 federal depository. The law-enforcement files and records of a
1-14 person who is transferred from the Texas Youth Commission to the
1-15 Texas Department of Criminal Justice <Corrections> under a
1-16 determinate sentence may be transferred to a central state or
1-17 federal depository for adult records on or after the date of
1-18 transfer. If a child has been reported as missing by a parent,
1-19 guardian, or conservator of that child, has escaped from the
1-20 custody of a juvenile detention facility, the Texas Youth
1-21 Commission, or any other agency to which the child has been
1-22 committed, or is the subject of a bench warrant or felony arrest
1-23 warrant issued by a court after the child has fled the jurisdiction
2-1 of the court, any information or records concerning that child may
2-2 be transferred to and disseminated by the Texas Crime Information
2-3 Center and the National Crime Information Center.
2-4 (f) Law enforcement files and records concerning a child who
2-5 has been identified as using a graffiti tag may be exchanged with
2-6 other law enforcement agencies. In this subsection, "graffiti tag"
2-7 means a personalized graffiti signature.
2-8 SECTION 2. Sections 54.041(b)-(e), Family Code, are amended
2-9 to read as follows:
2-10 (b) If a child is found to have engaged in delinquent
2-11 conduct arising from the commission of an offense in which property
2-12 damage or loss or personal injury occurred, the juvenile court, on
2-13 notice to all persons affected and on hearing, may order the child
2-14 and/or <or> a parent or guardian of the child to make full or
2-15 partial restitution to the victim of the offense. The program of
2-16 restitution must promote the rehabilitation of the child, be
2-17 appropriate to the age and physical, emotional, and mental
2-18 abilities of the child, and not conflict with the child's
2-19 schooling. When practicable and subject to court supervision, the
2-20 court may approve a restitution program based on a settlement
2-21 between the child and the victim of the offense. An order under
2-22 this subsection may provide for periodic payments by the child or a
2-23 parent or guardian of the child for the period specified in the
2-24 order but that period may not extend past the 18th birthday of the
2-25 child.
3-1 (c) In addition to or in lieu of restitution, a juvenile <If
3-2 the child or parent is unable to make full or partial restitution
3-3 or if a restitution order is not appropriate under the
3-4 circumstances, the> court may order a <the> child found to have
3-5 engaged in delinquent conduct to render community service.
3-6 Community service ordered under this subsection may include the
3-7 removal or cleaning of graffiti or other markings on public or
3-8 private property. The court may also order under this subsection
3-9 that the child's parent or guardian perform community service with
3-10 the child <personal services to a charitable or educational
3-11 institution in the manner prescribed in the court order in lieu of
3-12 restitution>.
3-13 (d) Restitution under this section is cumulative of any
3-14 other remedy allowed by law and may be used in addition to other
3-15 remedies; except that a victim of an offense is not entitled to
3-16 receive more than actual damages under a juvenile court order.
3-17 (e) A city, town, or county that establishes a program to
3-18 assist children and their parents or guardians in rendering
3-19 community service <personal services to a charitable or educational
3-20 institution> as authorized by Subsection (c) <this subsection> may
3-21 purchase insurance policies protecting the city, town, or county
3-22 against claims brought by a person other than the child or the
3-23 child's parent or guardian for a cause of action that arises from
3-24 an act of the child or the child's parent or guardian while
3-25 rendering those services. The city, town, or county is not liable
4-1 under this Act to the extent that damages are recoverable under a
4-2 contract of insurance or under a plan of self-insurance authorized
4-3 by statute. The liability of the city, town, or county for a cause
4-4 of action that arises from an action of the child or the child's
4-5 parent or guardian while rendering those services may not exceed
4-6 $100,000 to a single person and $300,000 for a single occurrence in
4-7 the case of personal injury or death, and $10,000 for a single
4-8 occurrence of property damage. Liability may not extend to
4-9 punitive or exemplary damages. This subsection does not waive a
4-10 defense, immunity, or jurisdictional bar available to the city,
4-11 town, or county or its officers or employees, nor shall this Act be
4-12 construed to waive, repeal, or modify any provision of Chapter 101,
4-13 Civil Practice and Remedies Code <the Texas Tort Claims Act, as
4-14 amended (Article 6252-19, Vernon's Texas Civil Statutes)>.
4-15 (f) <(c)> A person subject to an order proposed under
4-16 Subsection (a) or (c) of this section is entitled to a hearing on
4-17 the order before the order is entered by the court.
4-18 (g) <(d)> An order made under this section may be enforced
4-19 as provided by Section 54.07 of this code.
4-20 (h) <(e)> If a child is found to have engaged in conduct
4-21 indicating a need for supervision described under Section
4-22 51.03(b)(2) of this code, the court may order the child's parents
4-23 or guardians to attend a class provided under Section 21.035(h),
4-24 Education Code, if the school district in which the child's parents
4-25 or guardians reside offers a class under that section.
5-1 (i) On notice to all persons affected, the court may conduct
5-2 periodic review hearings to determine if the child or the parents
5-3 or guardians of the child have complied with an order issued under
5-4 this section to pay restitution or to perform community service.
5-5 SECTION 3. (a) Notwithstanding any conflicting provision of
5-6 any other Act of the 74th Legislature, Regular Session, 1995, the
5-7 change in law made by this Act continues in effect after January 1,
5-8 1996.
5-9 (b) The change in law made by this Act applies only to
5-10 conduct that occurs on or after the effective date of this Act.
5-11 Conduct violating a penal law of the state occurs on or after the
5-12 effective date of this Act if every element of the violation occurs
5-13 on or after that date.
5-14 (c) Conduct that occurs before the effective date of this
5-15 Act is covered by the law in effect at the time the conduct
5-16 occurred, and the former law is continued in effect for that
5-17 purpose.
5-18 SECTION 4. This Act takes effect September 1, 1995.
5-19 SECTION 5. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.