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.