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.