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.