FAMILY CODE

SUBTITLE B. PARENTAL LIABILITY

CHAPTER 41. LIABILITY OF PARENTS FOR CONDUCT OF CHILD


	§ 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, § 1, eff. April 20, 
1995;  Acts 2001, 77th Leg., ch. 587, § 1, eff. Sept. 1, 2001.


	§ 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, § 1, eff. April 20, 
1995;  Acts 1997, 75th Leg., ch. 783, § 1, eff. Sept. 1, 1997.


	§ 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, § 1, eff. Sept. 1, 1997.            


	§ 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, § 1, eff. April 20, 
1995.