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


Office of House Bill AnalysisC.S.H.B. 2185
By: Dutton
Juvenile Justice and Family Issues
5/5/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, a parent or other person who has the duty of control 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.  C.S.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.  Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original to delete SECTION 3 of the original,
which would have amended Section 151.003, Family Code, by adding Subsection
(e), to authorize a parent to use corporal punishment for the reasonable
discipline of a child.  The substitute redesignates SECTIONS 4 and 5 of the
original to SECTIONS 3 and 4 of the substitute.   

The substitute modifies the original in SECTION 3, as redesignated, to make
a conforming change in the prospective clause with respect to the removal
of SECTION 3 of the original.