HBA-SEB C.S.H.B. 2185 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2185 By: Dutton Juvenile Justice and Family Issues 5/5/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, a parent or other person who has the duty of control and reasonable discipline of a child may be liable for property damage that is proximately caused by the negligent or willful and malicious conduct of the child. Texas law, however, does not provide for liability for personal injury damages proximately caused by a minor. C.S.H.B. 2185 provides that a parent or other person who has the duty of control and reasonable discipline of a child is liable for any personal injury proximately caused by the child if the injury is reasonably attributable to the negligent failure of the parent or other person to exercise that duty. This bill also limits the recovery to $25,000 for such a personal injury. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 41.001, Family Code, to add Subsection (b), to provide that a parent or other person who has the duty of control and reasonable discipline of a child is liable for any personal injury proximately caused by the child if the injury is reasonably attributable to the negligent failure of the parent or other person to exercise that duty. Makes a nonsubstantive change. SECTION 2. Amends Section 41.002, Family Code, to add Subsection (b), to limit recovery for a personal injury caused by a child to actual damages, court costs, reasonable attorney's fees, and exemplary damages not to exceed $25,000. Provides that Chapter 41, Civil Practice and Remedies Code (Exemplary Damages), does not apply to a cause of action brought under Section 41.001(b). SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original to delete SECTION 3 of the original, which would have amended Section 151.003, Family Code, by adding Subsection (e), to authorize a parent to use corporal punishment for the reasonable discipline of a child. The substitute redesignates SECTIONS 4 and 5 of the original to SECTIONS 3 and 4 of the substitute. The substitute modifies the original in SECTION 3, as redesignated, to make a conforming change in the prospective clause with respect to the removal of SECTION 3 of the original.