HBA-SEB H.B. 2185 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2185
By: Dutton
Juvenile Justice and Family Issues
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a parent or other person who has the duty and reasonable
discipline of a child may be liable for property damage that is proximately
caused by the negligent or willful and malicious conduct of the child.
Texas law, however, does not provide for liability for personal injury
damages proximately caused by a minor.  H.B. 2185 provides that a parent or
other person who has the duty of control and reasonable discipline of a
child is liable for any personal injury proximately caused by the child if
the injury is reasonably attributable to the negligent failure of the
parent or other person to exercise that duty.  This bill also limits the
recovery to $25,000 for such a personal injury.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.001, Family Code, to add Subsection (b), to
provide that a parent or other person who has the duty of control and
reasonable discipline of a child is liable for any personal injury
proximately caused by the child if the injury is reasonably attributable to
the negligent failure of the parent or other person to exercise that duty.
Makes a nonsubstantive change. 

SECTION 2.  Amends Section 41.002, Family Code, to add Subsection (b), to
limit recovery for a personal injury caused by a child to actual damages,
court costs, reasonable attorney's fees, and exemplary damages not to
exceed $25,000.  Provides that Chapter 41, Civil Practice and Remedies Code
(Exemplary Damages), does not apply to a cause of action brought under
Section 41.001(b). 

SECTION 3.  Amends Section 151.003, Family Code, by adding Subsection (e),
to authorize a parent to use corporal punishment for the reasonable
discipline of a child. 

SECTION 4.  Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 5.  Emergency clause.