SRC-SLL S.B. 243 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 243
By: Harris
Jurisprudence
1-28-97
As Filed


DIGEST 

Currently, Texas does not have a law which makes parents legally
responsible for damage to hotel property caused by the parents' child.
Activity not supervised by a parent may result in property damage for
which the parent may refuse to pay and children generally do not have the
resources to pay for the damage they cause.  There is uncertainty among
inn and hotel keepers whether Chapter 41 of the Family Code, relating to
parental liability for children's acts, applies to inns and hotels. This
bill will make parents legally responsible for damage to hotel property
caused by the parents' child. 

PURPOSE

As proposed, S.B. 243 provides regulations to make parents legally
responsible for damage to hotel property caused by the parents' child. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 73, V.T.C.S., by adding Article 4596e, as follows:

ARTICLE  4596e.  LIABILITY FOR PROPERTY DAMAGE CAUSED BY CHILDREN

Sec.  1.  Defines "innkeeper" and "child."

Sec.  2.  Authorizes an innkeeper to request a parent or other person who
has the duty of control and reasonable discipline of a child to sign a
form assuming liability for any property damage proximately caused by the
negligent conduct or the wilful and malicious conduct of the child. 

Sec.  3.  Provides that a parent or other person who signs the form in
Section 2 is liable for any property damage proximately caused by the
negligent conduct or wilful and malicious conduct of the child. 

Sec.  4.  Provides that a parent or other person is not required to sign
the form in Section 2. 

Sec.  5.  Authorizes an innkeeper to deny service to the parent or other
person who does not sign the form and to the child.  Prohibits an
innkeeper from denying service to any person on the basis of race, creed,
color, national origin, sex, or disability of a person. 

Sec.  6.  Provides that Chapter 41, Family Code, applies to inns and
hotels. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.