By Serna                                        H.B. No. 1636

      75R7203 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to community service for certain conduct committed by a

 1-3     juvenile on school property or at school-sponsored or

 1-4     school-related activities.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 54.044, Family Code, is amended to read

 1-7     as follows:

 1-8           Sec. 54.044.  COMMUNITY SERVICE.  (a)  If the court places a

 1-9     child on probation under Section 54.04(d), the court shall require

1-10     as a condition of probation that the child work a specified number

1-11     of hours at a community service project approved by the court and

1-12     designated by the juvenile board as provided by Subsection (f)

1-13     [(e)], unless the court determines and enters a finding on the

1-14     order  placing the child on probation that:

1-15                 (1)  the child is physically or mentally incapable of

1-16     participating in the project;

1-17                 (2)  participating in the project will be a hardship on

1-18     the child or the family of the child; or

1-19                 (3)  the child has shown good cause that community

1-20     service should not be required.

1-21           (b)  The court may also order under this section that the

1-22     child's parent perform community service with the child.

1-23           (c)  The court shall order the child to complete at least 80

1-24     hours of community service if:

 2-1                 (1)  the conduct that the child is found to have

 2-2     engaged in:

 2-3                       (A)  violates Section 22.01, 22.011, 22.02,

 2-4     22.021, or 22.05, Penal Code; or

 2-5                       (B)  consists of selling, giving, or delivering

 2-6     to another person:

 2-7                             (i)  marihuana or a controlled substance,

 2-8     as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

 2-9     Section 801 et seq.; or

2-10                             (ii)  a dangerous drug, as defined by

2-11     Chapter 483, Health and Safety Code; and

2-12                 (2)  the conduct occurred on school property or while

2-13     the child was attending a school-sponsored or school-related

2-14     activity on or off school property.

2-15           (d)  The court shall order that the child and the child's

2-16     parent perform a total of not more than 500 hours of community

2-17     service under this section.

2-18           (e) [(d)]  A municipality or county that establishes a

2-19     program to assist children and their parents in rendering community

2-20     service under this section may purchase insurance policies

2-21     protecting the municipality or county against claims brought by a

2-22     person other than the child or the child's parent for a cause of

2-23     action that arises from an act of the child or parent while

2-24     rendering community service.  The municipality or county is not

2-25     liable under this section to the extent that damages are

2-26     recoverable under a contract of insurance or under a plan of

2-27     self-insurance authorized by statute.  The liability of the

 3-1     municipality or county for a cause of action that arises from an

 3-2     action of the child or the child's parent while rendering community

 3-3     service may not exceed $100,000 to a single person and $300,000 for

 3-4     a single occurrence in the case of personal injury or death, and

 3-5     $10,000 for a single occurrence of property damage.  Liability may

 3-6     not extend to punitive or exemplary damages.  This subsection does

 3-7     not waive a defense, immunity, or jurisdictional bar available to

 3-8     the municipality or county or its officers or employees, nor shall

 3-9     this section be construed to waive, repeal, or modify any provision

3-10     of Chapter 101, Civil Practice and Remedies Code.

3-11           (f) [(e)]  For the purposes of this section, a court may

3-12     submit to the juvenile probation department a list of organizations

3-13     or projects approved by the court for community service.  The

3-14     juvenile probation department may:

3-15                 (1)  designate an organization or project for community

3-16     service only from the list submitted by the court; and

3-17                 (2)  reassign or transfer a child to a different

3-18     organization or project on the list submitted by the court under

3-19     this subsection without court approval.

3-20           (g) [(f)]  A person subject to an order proposed under

3-21     Subsection (a) or (b) is entitled to a hearing on the order before

3-22     the order is entered by the court.

3-23           (h) [(g)]  On a finding by the court that a child's parents

3-24     or guardians have made a reasonable good faith effort to prevent

3-25     the child from engaging in delinquent conduct or engaging in

3-26     conduct indicating a need for supervision and that, despite the

3-27     parents' or guardians' efforts, the child continues to engage in

 4-1     such conduct, the court shall waive any requirement for community

 4-2     service that may be imposed on a parent under this section.

 4-3           (i) [(h)]  An order made under this section may be enforced

 4-4     as provided by Section 54.07.

 4-5           SECTION 2.  This Act takes effect September 1, 1997.

 4-6           SECTION 3.  (a)  The change in law made by this Act applies

 4-7     only to conduct that occurs on or after the effective date of this

 4-8     Act.  For the purposes of this section, conduct occurs before the

 4-9     effective date of this Act if any element of the conduct occurs

4-10     before the effective date.

4-11           (b)  Conduct that occurs before the effective date of this

4-12     Act is covered by the law in effect when the conduct occurred, and

4-13     the former law is continued in effect for that purpose.

4-14           SECTION 4.  The importance of this legislation and the

4-15     crowded condition of the calendars in both houses create an

4-16     emergency and an imperative public necessity that the

4-17     constitutional rule requiring bills to be read on three several

4-18     days in each house be suspended, and this rule is hereby suspended.