SRC-JBJ S.B. 233 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 233
77R2925 MCK-DBy: Harris
Jurisprudence
01/19/2001
As Filed


DIGEST AND PURPOSE 

Currently, there is an inconsistency in the Family Code regarding the age
bracket used in the definition of a child.  As proposed, S.B. 233 amends a
portion of the statutes pertaining to parental liability for the conduct of
a child to include children who are at least 10, rather than 12, years of
age.       

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS   

SECTION 1.  Amends Section 41.001, Family Code, to provide that a parent or
other person who has the duty of control and reasonable discipline of a
child is liable for any property damage proximately caused by: 

 _the negligent conduct of the child if the conduct is reasonably
attributable to the negligent failure of the parent or other person, rather
than persons, to exercise that duty; or 

 _the wilful and malicious conduct of a child who is at least 10, rather
than 12, years of age but under 18 years of age. 

SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.