82R9110 AJZ-D
By: Farias H.B. No. 3095
A BILL TO BE ENTITLED
AN ACT
relating to restitution for property damaged with graffiti by
juveniles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.0481, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) Except as provided by Subsection (a-1), a [A] juvenile
court, in a disposition hearing under Section 54.04 regarding a
child who has been adjudicated to have engaged in delinquent
conduct that violates Section 28.08, Penal Code:
(1) may order the child or a parent or other person
responsible for the child's support to make restitution by:
(A) reimbursing the owner of the property for the
cost of restoring the property; or
(B) with the consent of the owner of the
property, personally restoring the property by removing or painting
over any markings the child made; and
(2) if the child made markings on public property, a
street sign, or an official traffic-control device in violation of
Section 28.08, Penal Code, may order the child or a parent or other
person responsible for the child's support to:
(A) make to the political subdivision that owns
the public property or erected the street sign or official
traffic-control device restitution in an amount equal to the lesser
of the cost to the political subdivision of replacing or restoring
the public property, street sign, or official traffic-control
device; or
(B) with the consent of the political
subdivision, restore the public property, street sign, or official
traffic-control device by removing or painting over any markings
made by the child on the property, sign, or device.
(a-1) A juvenile court, in a disposition hearing described
by Subsection (a) involving a child who has previously been
adjudicated for having engaged in delinquent conduct that violates
Section 28.08, Penal Code, in addition to any other disposition
ordered:
(1) if the child made markings on private property,
shall order the child and the parent or other person responsible for
the child's support to make restitution by personally restoring the
property by removing or painting over any markings the child made,
with the consent of the owner of the property; and
(2) if the child made markings on public property,
including a street sign or an official traffic-control device,
shall order the child and the parent or other person responsible for
the child's support to restore the public property by removing or
painting over any markings made by the child on the property, with
the consent of the governmental entity that owns the property.
(a-2) A juvenile court may not require that a child or a
child's parent or other person responsible for the child's support
personally restore the property under this section if:
(1) the individual is physically or mentally incapable
of participating in the restoration; or
(2) the restoration is inherently dangerous or would
otherwise endanger the health or safety of the individual.
(c) For purposes of this section [Subsection (a)],
"official traffic-control device" has the meaning assigned by
Section 541.304, Transportation Code.
SECTION 2. The change in law made by this Act applies only
to conduct violating a penal law that occurs on or after the
effective date of this Act. Conduct violating a penal law that
occurs before the effective date of this Act is governed by the law
in effect on the date the conduct occurred, and the former law is
continued in effect for that purpose. For purposes of this section,
conduct violating a penal law occurred before the effective date of
this Act if any element of the violation occurred before that date.
SECTION 3. This Act takes effect September 1, 2011.