Texas Family Code - Section 54.044. Community Service

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§ 54.044. COMMUNITY SERVICE.  (a) If the court places a 
child on probation under Section 54.04(d), the court shall require 
as a condition of probation that the child work a specified number 
of hours at a community service project approved by the court and 
designated by the juvenile probation department as provided by 
Subsection (e), unless the court determines and enters a finding on 
the order placing the child on probation that:
		(1)  the child is physically or mentally incapable of 
participating in the project;
		(2)  participating in the project will be a hardship on 
the child or the family of the child;  or
		(3)  the child has shown good cause that community 
service should not be required.
	(b)  The court may also order under this section that the 
child's parent perform community service with the child.
	(c)  The court shall order that the child and the child's 
parent perform a total of not more than 500 hours of community 
service under this section.
	(d)  A municipality or county that establishes a program to 
assist children and their parents in rendering community service 
under this section may purchase insurance policies protecting the 
municipality or county against claims brought by a person other 
than the child or the child's parent for a cause of action that 
arises from an act of the child or parent while rendering community 
service.  The municipality or county is not liable under this 
section to the extent that damages are recoverable under a contract 
of insurance or under a plan of self-insurance authorized by 
statute.  The liability of the municipality or county for a cause of 
action that arises from an action of the child or the child's parent 
while rendering community service may not exceed $100,000 to a 
single person and $300,000 for a single occurrence in the case of 
personal injury or death, and $10,000 for a single occurrence of 
property damage.  Liability may not extend to punitive or exemplary 
damages.  This subsection does not waive a defense, immunity, or 
jurisdictional bar available to the municipality or county or its 
officers or employees, nor shall this section be construed to 
waive, repeal, or modify any provision of Chapter 101, Civil 
Practice and Remedies Code.
	(e)  For the purposes of this section, a court may submit to 
the juvenile probation department a list of organizations or 
projects approved by the court for community service.  The juvenile 
probation department may:
		(1)  designate an organization or project for community 
service only from the list submitted by the court;  and
		(2)  reassign or transfer a child to a different 
organization or project on the list submitted by the court under 
this subsection without court approval.
	(f)  A person subject to an order proposed under Subsection 
(a) or (b) is entitled to a hearing on the order before the order is 
entered by the court.
	(g)  On a finding by the court that a child's parents or 
guardians have made a reasonable good faith effort to prevent the 
child from engaging in delinquent conduct or engaging in conduct 
indicating a need for supervision and that, despite the parents' or 
guardians' efforts, the child continues to engage in such conduct, 
the court shall waive any requirement for community service that 
may be imposed on a parent under this section.
	(h)  An order made under this section may be enforced as 
provided by Section 54.07.
	(i)  In a disposition hearing under Section 54.04 in which 
the court finds that a child engaged in conduct violating Section 
521.453, Transportation Code, the court, in addition to any other 
order authorized under this title and if the court is located in a 
municipality or county that has established a community service 
program, may order the child to perform eight hours of community 
service as a condition of probation under Section 54.04(d) unless 
the child is shown to have previously engaged in conduct violating 
Section 521.453, Transportation Code, in which case the court may 
order the child to perform 12 hours of community service.

Added by Acts 1995, 74th Leg., ch. 262, § 41, eff. Jan. 1, 1996.  
Amended by Acts 1997, 75th Leg., ch. 1358, § 2, eff. Sept. 1, 
1997;  Acts 2001, 77th Leg., ch. 1297, § 25, eff. Sept. 1, 2001.

Last modified: August 10, 2007