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§ 134.003.Liability

Title 6. Miscellaneous Provisions · Chapter 134. Texas Theft Liability Act · Last amended 1989 · Last verified August 29, 2026

In one sentenceSection 134.003 makes a person who commits theft liable for the resulting damages, and makes a parent liable for theft committed by a child in their control.

Full Text of § 134.003

Text sizeJump to: (a) (b)

(a)A person who commits theft is liable for the damages resulting from the theft.
(b)A parent or other person who has the duty of control and reasonable discipline of a child is liable for theft committed by the child.
End

Plain-English Summary

Two sentences creating two distinct liabilities.

Subsection (a): a person who commits theft is liable for the damages resulting from the theft.

Subsection (b): a parent or other person who has the duty of control and reasonable discipline of a child is liable for theft committed by the child.

The parental liability is strict as the section states it. There is no requirement that the parent was negligent, knew of the child’s conduct, or could have prevented it. The duty of control is the trigger, and the theft is the act.

"Or other person who has the duty of control" reaches beyond parents — a guardian or another adult standing in that position is within it.

The recovery provision treats the two on entirely separate terms, and that is where the practical limit sits. A direct thief faces actual damages plus up to $1,000; a parent faces actual damages capped at $5,000 and no additional award.

So the parent’s exposure is bounded in a way the thief’s is not, which is what makes the strict formulation tolerable.

"Damages resulting from the theft" is the measure for subsection (a), and it is causal rather than confined to the value of the property — consequential loss flowing from the taking is within the words.

Frequently Asked Questions

Can I sue someone for stealing from me in Texas?

Yes. A person who commits theft is liable for the damages resulting from it, under this chapter.

Are parents liable for a child’s theft?

Yes. A parent or other person with the duty of control and reasonable discipline of the child is liable, with damages capped at $5,000 under Section 134.005.

Does the parent have to be at fault?

The section does not require it. The duty of control is the trigger, which is why the parental recovery is separately capped.

Amendment History

  • Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28, 1989.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source