CHAPTER 41. LIABILITY OF PARENTS FOR CONDUCT OF CHILD - Texas Statutes

FAMILY CODE

TITLE 2. CHILD IN RELATION TO THE FAMILY

SUBTITLE B. PARENTAL LIABILITY

CHAPTER 41. LIABILITY OF PARENTS FOR CONDUCT OF CHILD

Sec. 41.001. LIABILITY. A parent or other person who has the

duty of control and reasonable discipline of a child is liable

for any property damage proximately caused by:

(1) the negligent conduct of the child if the conduct is

reasonably attributable to the negligent failure of the parent or

other person to exercise that duty; or

(2) the wilful and malicious conduct of a child who is at least

10 years of age but under 18 years of age.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995; Acts 2001, 77th Leg., ch. 587, Sec. 1, eff. Sept. 1, 2001.

Sec. 41.002. LIMIT OF DAMAGES. Recovery for damage caused by

wilful and malicious conduct is limited to actual damages, not to

exceed $25,000 per occurrence, plus court costs and reasonable

attorney's fees.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995; Acts 1997, 75th Leg., ch. 783, Sec. 1, eff. Sept. 1, 1997.

Sec. 41.0025. LIABILITY FOR PROPERTY DAMAGE TO AN INN OR HOTEL.

(a) Notwithstanding Section 41.002, recovery of damages by an

inn or hotel for wilful and malicious conduct is limited to

actual damages, not to exceed $25,000 per occurrence, plus court

costs and reasonable attorney's fees.

(b) In this section "occurrence" means one incident on a single

day in one hotel room. The term does not include incidents in

separate rooms or incidents that occur on different days.

Added by Acts 1997, 75th Leg., ch. 40, Sec. 1, eff. Sept. 1,

1997.

Sec. 41.003. VENUE. A suit as provided by this chapter may be

filed in the county in which the conduct of the child occurred or

in the county in which the defendant resides.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.