By Luna 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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 54.041(b)-(e), Family Code, are amended
1-6 to read as follows:
1-7 (b) If a child is found to have engaged in delinquent
1-8 conduct arising from the commission of an offense in which property
1-9 damage or loss or personal injury occurred, the juvenile court, on
1-10 notice to all persons affected and on hearing, may order the child
1-11 and/or a parent or guardian of the child to make full or partial
1-12 restitution to the victim of the offense. The program of
1-13 restitution must promote the rehabilitation of the child, be
1-14 appropriate to the age and physical, emotional, and mental
1-15 abilities of the child, and not conflict with the child's
1-16 schooling. When practicable and subject to court supervision, the
1-17 court may approve a restitution program based on a settlement
1-18 between the child and the victim of the offense. An order under
1-19 this subsection may provide for periodic payments by the child or a
1-20 parent or guardian of the child for the period specified in the
1-21 order but that period may not extend past the 18th birthday of the
1-22 child.
1-23 (c) In addition to or in lieu of restitution, a juvenile <If
2-1 the child or parent is unable to make full or partial restitution
2-2 or if a restitution order is not appropriate under the
2-3 circumstances, the> court may order a <the> child found to have
2-4 engaged in delinquent conduct to render community service.
2-5 Community service ordered under this subsection may include the
2-6 removal or cleaning of graffiti or other markings on public or
2-7 private property. The court may also order under this subsection
2-8 that the child's parent or guardian perform community service with
2-9 the child <personal services to a charitable or educational
2-10 institution in the manner prescribed in the court order in lieu of
2-11 restitution>.
2-12 (d) Restitution under this section is cumulative of any
2-13 other remedy allowed by law and may be used in addition to other
2-14 remedies; except that a victim of an offense is not entitled to
2-15 receive more than actual damages under a juvenile court order.
2-16 (e) A city, town, or county that establishes a program to
2-17 assist children and their parents or guardians in rendering
2-18 community service <personal services to a charitable or educational
2-19 institution> as authorized by Subsection (c) <this subsection> may
2-20 purchase insurance policies protecting the city, town, or county
2-21 against claims brought by a person other than the child or the
2-22 child's parent or guardian for a cause of action that arises from
2-23 an act of the child or the child's parent or guardian while
2-24 rendering those services. The city, town, or county is not liable
2-25 under this Act to the extent that damages are recoverable under a
3-1 contract of insurance or under a plan of self-insurance authorized
3-2 by statute. The liability of the city, town, or county for a cause
3-3 of action that arises from an action of the child or the child's
3-4 parent or guardian while rendering those services may not exceed
3-5 $100,000 to a single person and $300,000 for a single occurrence in
3-6 the case of personal injury or death, and $10,000 for a single
3-7 occurrence of property damage. Liability may not extend to
3-8 punitive or exemplary damages. This subsection does not waive a
3-9 defense, immunity, or jurisdictional bar available to the city,
3-10 town, or county or its officers or employees, nor shall this Act be
3-11 construed to waive, repeal, or modify any provision of Chapter 101,
3-12 Civil Practice and Remedies Code <the Texas Tort Claims Act, as
3-13 amended (Article 6252-19, Vernon's Texas Civil Statutes)>.
3-14 (f) <(c)> A person subject to an order proposed under
3-15 Subsection (a) or (c) of this section is entitled to a hearing on
3-16 the order before the order is entered by the court.
3-17 (g) <(d)> An order made under this section may be enforced
3-18 as provided by Section 54.07 of this code.
3-19 (h) <(e)> If a child is found to have engaged in conduct
3-20 indicating a need for supervision described under Section
3-21 51.03(b)(2) of this code, the court may order the child's parents
3-22 or guardians to attend a class provided under Section 21.035(h),
3-23 Education Code, if the school district in which the child's parents
3-24 or guardians reside offers a class under that section.
3-25 SECTION 2. (a) The change in law made by this Act applies
4-1 only to conduct that occurs on or after the effective date of this
4-2 Act. Conduct violating a penal law of the state occurs on or after
4-3 the effective date of this Act if every element of the violation
4-4 occurs on or after that date.
4-5 (b) Conduct that occurs before the effective date of this
4-6 Act is covered by the law in effect at the time the conduct
4-7 occurred, and the former law is continued in effect for that
4-8 purpose.
4-9 SECTION 3. This Act takes effect September 1, 1995.
4-10 SECTION 4. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.