By Williamson H.B. No. 2357
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the responsibility of parents to provide compensation
1-3 and reimbursement for expenses and damages to hotels caused by
1-4 juvenile behavior, including delinquent conduct.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 33, Family Code, is amended by adding
1-7 Section 33.10 to read as follows:
1-8 Sec. 33.10. LIABILITY IN SITUATIONS INVOLVING HOTELS.
1-9 (a) In this section:
1-10 (1) "Innkeeper" means an owner, operator, or manager
1-11 of a hotel as assigned by Section 156.001, Tax Code.
1-12 (2) "Juvenile" means a person who is at least 12 years
1-13 of age but under 18 years of age.
1-14 (b) An innkeeper may require the parent of a juvenile to:
1-15 (1) agree in writing to be liable for the guest room
1-16 costs, taxes, all charges incurred by the juvenile and any damages
1-17 to the guest room or its furnishings caused by the juvenile while a
1-18 guest at the hotel;
1-19 (2) provide the innkeeper with a valid credit card
1-20 number to pay for the guest rooms costs, taxes, charges by the
1-21 juvenile and any damages to the guest room or its furnishings
1-22 caused by the juvenile; or
1-23 (3) give the innkeeper an advance cash payment to
2-1 cover the guest room cost and taxes for all room nights reserved
2-2 for the juvenile and a refundable cash deposit applicable towards
2-3 the payment of any additional charges of the juvenile or any
2-4 damages to the guest room or its furnishings caused by the
2-5 juvenile.
2-6 (c) An innkeeper shall have the right to refuse or deny
2-7 accommodations, facilities or privileges of a hotel to any person
2-8 who is unwilling to comply with conditions established in
2-9 accordance with Subsection (b) of this section.
2-10 (d) A hotel may limit the number of persons who may occupy a
2-11 guest room of the hotel.
2-12 (e) An innkeeper who denies accommodations, facilities, or
2-13 privileges of a hotel solely for a guest's refusal to comply with
2-14 conditions established in accordance with Subsection (b) of this
2-15 section shall not be liable in any civil or criminal action or any
2-16 fine or penalty based on the refusal or denial, except that in no
2-17 event shall the denial be based upon the race, creed, color,
2-18 national origin, sex, or disability of a person.
2-19 (f) In an action involving damage to a hotel room or its
2-20 furnishings, the court may order the responsible party or the
2-21 parent of the responsible party, if the responsible party is a
2-22 juvenile, to:
2-23 (1) pay restitution for any damages suffered by the
2-24 owner of the hotel, including loss of revenue resulting from the
2-25 inability of the innkeeper to rent or lease the room during the
3-1 period of time the repairs are being made; and
3-2 (2) pay damages or restitution to any other person who
3-3 is injured or whose property is damaged.
3-4 (g) An innkeeper may eject from the hotel:
3-5 (1) a juvenile who is engaged in delinquent or
3-6 disorderly behavior;
3-7 (2) a juvenile who is visibly intoxicated so as to
3-8 create a public nuisance;
3-9 (3) a juvenile the innkeeper reasonably believes is
3-10 using the hotel for purposes that are in violation of any federal,
3-11 state, or local law; or
3-12 (4) a person who is violating any rule of the hotel
3-13 which is posted in the hotel, except that no rule may authorize the
3-14 innkeeper to eject, refuse, or deny service or accommodations to
3-15 any person because of race, creed, color, national origin, sex, or
3-16 disability.
3-17 SECTION 2. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.