By Dutton H.B. No. 2185
76R1838 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a parent's right to discipline a child and a parent's
1-3 liability for failure to control a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.001, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 41.001. LIABILITY. (a) A parent or other person who
1-8 has the duty of control and reasonable discipline of a child is
1-9 liable for any property damage proximately caused by:
1-10 (1) the negligent conduct of the child if the conduct
1-11 is reasonably attributable to the negligent failure of the parent
1-12 or other person [persons] to exercise that duty; or
1-13 (2) the wilful and malicious conduct of a child who is
1-14 at least 12 years of age but under 18 years of age.
1-15 (b) A parent or other person who has the duty of control and
1-16 reasonable discipline of a child is liable for any personal injury
1-17 proximately caused by the child if the injury is reasonably
1-18 attributable to the negligent failure of the parent or other person
1-19 to exercise that duty.
1-20 SECTION 2. Section 41.002, Family Code, is amended to read
1-21 as follows:
1-22 Sec. 41.002. LIMIT OF DAMAGES. (a) Recovery for damage
1-23 caused by wilful and malicious conduct is limited to actual
1-24 damages, not to exceed $25,000 per occurrence, plus court costs and
2-1 reasonable attorney's fees.
2-2 (b) Recovery for a personal injury caused by a child is
2-3 limited to actual damages, court costs, reasonable attorney's fees,
2-4 and exemplary damages not to exceed $25,000. Chapter 41, Civil
2-5 Practice and Remedies Code, does not apply to a cause of action
2-6 brought under Section 41.001(b).
2-7 SECTION 3. Section 151.003, Family Code, is amended by
2-8 adding Subsection (e) to read as follows:
2-9 (e) A parent may use corporal punishment for the reasonable
2-10 discipline of a child.
2-11 SECTION 4. (a) This Act takes effect September 1, 1999.
2-12 (b) The change in law made by Sections 1 and 2 of this Act
2-13 applies only to liability for a personal injury that occurs on or
2-14 after the effective date of this Act. Liability for a personal
2-15 injury that occurs before that date is governed by the law as it
2-16 existed on the date the injury occurred, and the former law is
2-17 continued in effect for that purpose.
2-18 SECTION 5. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.