79R149 AJA-D

By:  Van Arsdale                                                  H.B. No. 105



A BILL TO BE ENTITLED

AN ACT

relating to the liability of a parent or other person who has the 
duty of control and reasonable discipline of a child for certain 
conduct of the child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 41, Family Code, is amended by adding 
Section 41.0026 to read as follows:
	Sec. 41.0026.  DAMAGES ARISING FROM OPERATION OF MOTOR 
VEHICLE.  (a)  In this section, "motor vehicle" means a motor 
vehicle the operation of which is prohibited unless financial 
responsibility is established for the vehicle under Section 
601.051, Transportation Code.
	(b)  In addition to any liability under Section 41.001, a 
parent or other person who has the duty of control and reasonable 
discipline of a child is liable for damages other than property 
damage proximately caused by:
		(1)  the negligent conduct of the child in the 
operation of a motor vehicle if the conduct is reasonably 
attributable to the negligent failure of the parent or other person 
to exercise that duty; or
		(2)  if the child is at least 10 years of age but under 
18 years of age, the wilful and malicious conduct of the child in 
the operation of a motor vehicle.
	(c)  A parent or other person who has the duty of control and 
reasonable discipline of a child is liable in the amounts described 
by Section 601.072(a), Transportation Code, for damages 
proximately caused by the negligent conduct of the child in the 
operation of a motor vehicle if:
		(1)  the child's conduct is not attributable to the 
negligent failure of the parent or other person to exercise that 
duty;
		(2)  the motor vehicle:                                                
			(A)  belongs to the child or to the person with the 
duty of control and reasonable discipline of the child or another 
member of that person's household; or
			(B)  was, at the time of the conduct, operated by 
the child with that person's knowledge or permission; and
		(3)  the damages are not covered by financial 
responsibility required by Section 601.051, Transportation Code.
	SECTION 2.  The change in law made by this Act applies only 
to a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrues before the effective date 
of this Act is governed by the law in effect immediately before that 
date, and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.