By Dutton                                              H.B. No. 872
         77R2097 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a parent's liability for a personal injury caused by
 1-3     the parent's 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.  (a)  This Act takes effect September 1, 2001.
 2-8           (b)  The change in law made by this Act applies only to
 2-9     liability for a personal injury that occurs on or after the
2-10     effective date of this Act.  Liability for a personal injury that
2-11     occurs before that date is governed by the law as it existed on the
2-12     date the injury occurred, and the former law is continued in effect
2-13     for that purpose.