By Brimer                                       H.B. No. 3172

      75R7291 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of the offense of gross negligent

 1-3     performance of parental duty to prevent delinquent conduct.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 25, Penal Code, is amended by adding

 1-6     Section 25.09 to read as follows:

 1-7           Sec. 25.09.  CRIMINAL RESPONSIBILITY OF PARENT FOR CHILD'S

 1-8     DELINQUENT CONDUCT.  (a)  In this section:

 1-9                 (1)  "Child" means a person who is younger than 17

1-10     years of age.

1-11                 (2)  "Delinquent conduct" has the meaning assigned by

1-12     Section 51.03(a), Family Code.

1-13                 (3)  "Parent" means a natural or adoptive parent,

1-14     stepparent, person in loco parentis, or legal guardian of the

1-15     person of the child.

1-16                 (4)  "Parental duty" means the continuous duty of a

1-17     parent to exercise reasonable control to prevent the parent's child

1-18     from engaging in delinquent conduct or conduct indicating a need

1-19     for supervision.

1-20           (b)  A parent commits an offense if the parent with gross

1-21     negligence fails to perform a parental duty to prevent the parent's

1-22     child from engaging in delinquent conduct.

1-23           (c)  An offense under this section is a Class A misdemeanor.

1-24           SECTION 2.  This Act takes effect September 1, 1997.

 2-1           SECTION 3.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended.