LIABILITY OF PARENTS FOR CONDUCT OF CHILD

Tex. FAM Code ch. 41

in effect

Tex. FAM Code § 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.

Tex. FAM Code § 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 reasonable and necessary attorney's fees, court costs, and expenses. 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.

Tex. FAM Code § 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.

Tex. FAM Code § 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 reasonable and necessary attorney's fees, court costs, and expenses. (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.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026