AN ACT
1-1 relating to liability of a parent for property damage to a hotel
1-2 caused by a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 41, Family Code, is amended by adding
1-5 Section 41.0025 to read as follows:
1-6 Sec. 41.0025. LIABILITY FOR PROPERTY DAMAGE TO AN INN OR
1-7 HOTEL. (a) Notwithstanding Section 41.002, recovery of damages by
1-8 an inn or hotel for wilful and malicious conduct is limited to
1-9 actual damages, not to exceed $25,000 per occurrence, plus court
1-10 costs and reasonable attorney's fees.
1-11 (b) In this section "occurrence" means one incident on a
1-12 single day in one hotel room. The term does not include incidents
1-13 in separate rooms or incidents that occur on different days.
1-14 SECTION 2. This Act takes effect September 1, 1997, and
1-15 applies only to property damage that occurs on or after that date.
1-16 Damage that occurs before the effective date of this Act is
1-17 governed by the law in effect on the date the damage occurred, and
1-18 the former law is continued in effect for that purpose.
1-19 SECTION 3. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 243
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 243 passed the Senate on
February 26, 1997, by the following vote: Yeas 31, Nays 0; and
that the Senate concurred in House amendment on April 23, 1997, by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 243 passed the House, with
amendment, on April 18, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor