HBA-LJP, AMW H.B. 872 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 872
By: Dutton
Juvenile Justice & Family Issues
3/4/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a parent or other person who has the duty of control and
reasonable discipline of a child is liable for any property damages
proximately caused by the child, but is not liable for personal injury
damages proximately caused by the child.  House Bill 872 holds a parent or
other person who has the duty of control and reasonable discipline of a
child liable for personal injury damages proximately caused by the child. 

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. 

ANALYSIS

House Bill 872 amends the Family Code 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.  The bill specifies that recovery for a
personal injury caused by a child is limited to actual damages, court
costs, reasonable attorney's fees, and exemplary damages not to exceed
$25,000. 

EFFECTIVE DATE

September 1, 2001.