By Eiland                                        H.B. No. 448

      75R1295 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a child's property damage to a hotel.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Title 73, Revised Civil Statutes, is amended by

 1-5     adding Article 4596e to read as follows:

 1-6           Art. 4596e.  LIABILITY FOR PROPERTY DAMAGE CAUSED BY

 1-7     CHILDREN.

 1-8           Sec. 1.  In this article:

 1-9           (a)  "Innkeeper" means an owner, operator, or manager of a

1-10     hotel as defined by Section 156.001, Tax Code.

1-11           (b)  "Child" means a person who is under 18 years of age.

1-12           Sec. 2.  An innkeeper may request a parent or other person

1-13     who has the duty of control and reasonable discipline of a child to

1-14     sign a form assuming liability for any property damage proximately

1-15     caused by the negligent conduct or the wilful and malicious conduct

1-16     of the child.

1-17           Sec. 3.  A parent or other person who signs the form in

1-18     Section 2 is liable for any property damage proximately caused by

1-19     the negligent conduct or the wilful and malicious conduct of the

1-20     child.

1-21           Sec. 4.  A parent or other person is not required to sign the

1-22     form in Section 2.

1-23           Sec. 5.  An innkeeper may deny service to the parent or other

1-24     person who does not sign the form and to the child, except that in

 2-1     no event shall the denial be based on the race, creed, color,

 2-2     national origin, sex, or disability of a person.

 2-3           Sec. 6.  Chapter 41, Family Code, applies to inns and hotels.

 2-4           SECTION 2.  This Act takes effect September 1, 1997.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.