By:  Harris                                   S.B. No. 243

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Title 73, Revised Statutes, is amended by adding

 1-4     Article 4596e to read as follows:

 1-5           Art. 4596e.  LIABILITY FOR PROPERTY DAMAGE CAUSED BY CHILDREN

 1-6           Sec. 1.  In this article:

 1-7                 (1)  "Innkeeper" means an owner, operator, or manager

 1-8     of a hotel as defined by Section 156.001, Tax Code.

 1-9                 (2)  "Child" means a person who is under 18 years of

1-10     age.

1-11           Sec. 2.  An innkeeper may request a parent or other person

1-12     who has the duty of control and reasonable discipline of a child to

1-13     sign a form assuming liability for any property damage proximately

1-14     caused by the negligent conduct or the wilful and malicious conduct

1-15     of the child.

1-16           Sec. 3.  A parent or other person who signs the form

1-17     described in Section 2 of this article is liable for any property

1-18     damage proximately caused by the negligent conduct or the wilful

1-19     and malicious conduct of the child.

1-20           Sec. 4.  A parent or other person is not required to sign the

1-21     form described in Section 2 of this article.

1-22           Sec. 5.  An innkeeper may deny service to the parent or other

1-23     person who does not sign the form described in Section 2 of this

 2-1     article and to the child, except that in no event shall the denial

 2-2     be based on the race, creed, color, national origin, sex, or

 2-3     disability of a person.

 2-4           Sec. 6.  Chapter 41, Family Code, applies to inns and hotels.

 2-5           SECTION 2.  This Act takes effect September 1, 1997.

 2-6           SECTION 3.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.