1-1 By: Harris S.B. No. 233
1-2 (In the Senate - Filed January 11, 2001; January 16, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 13, 2001, reported favorably by the following vote: Yeas
1-5 5, Nays 0; February 13, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to parental liability for the conduct of a child.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 41.001, Family Code, is amended to read
1-11 as follows:
1-12 Sec. 41.001. LIABILITY. A parent or other person who has
1-13 the duty of control and reasonable discipline of a child is liable
1-14 for any property damage proximately caused by:
1-15 (1) the negligent conduct of the child if the conduct
1-16 is reasonably attributable to the negligent failure of the parent
1-17 or other person [persons] to exercise that duty; or
1-18 (2) the wilful and malicious conduct of a child who is
1-19 at least 10 [12] years of age but under 18 years of age.
1-20 SECTION 2. This Act takes effect September 1, 2001, and
1-21 applies only to property damage that occurs on or after that date.
1-22 Property damage that occurs before the effective date of this Act
1-23 is governed by the law as it existed on the date the damage
1-24 occurred, and the former law is continued in effect for that
1-25 purpose.
1-26 * * * * *