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.