State Codes and Statutes
Statutes > Texas > Family-code > Title-2-child-in-relation-to-the-family > Chapter-41-liability-of-parents-for-conduct-of-child
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.
State Codes and Statutes
Statutes > Texas > Family-code > Title-2-child-in-relation-to-the-family > Chapter-41-liability-of-parents-for-conduct-of-child
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.
State Codes and Statutes
Statutes >
Texas >
Family-code >
Title-2-child-in-relation-to-the-family >
Chapter-41-liability-of-parents-for-conduct-of-child 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.
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