75R9861 MCK-D                          

         By Harris                                              S.B. No. 243

         Substitute the following for S.B. No. 243:

         By Jones of Dallas                                 C.S.S.B. No. 243

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to liability of a parent for property damage to a hotel

 1-3     caused by a child.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 41, Family Code, is amended by adding

 1-6     Section 41.0025 to read as follows:

 1-7           Sec. 41.0025.  LIABILITY FOR PROPERTY DAMAGE TO AN INN OR

 1-8     HOTEL.  (a)  Notwithstanding Section 41.002, recovery of damages by

 1-9     an inn or hotel for wilful and malicious conduct is limited to

1-10     actual damages, not to exceed $25,000 per occurrence, plus court

1-11     costs and reasonable attorney's fees.

1-12           (b)  In this section "occurrence" means one incident on a

1-13     single day in one hotel room.  The term does not include incidents

1-14     in separate rooms or incidents that occur on different days.

1-15           SECTION 2.  This Act takes effect September 1, 1997, and

1-16     applies only to property damage that occurs on or after that date.

1-17     Damage that occurs before the effective date of this Act is

1-18     governed by the law in effect on the date the damage occurred, and

1-19     the former law is continued in effect for that purpose.

1-20           SECTION 3.  The importance of this legislation and the

1-21     crowded condition of the calendars in both houses create an

1-22     emergency and an imperative public necessity that the

1-23     constitutional rule requiring bills to be read on three several

1-24     days in each house be suspended, and this rule is hereby suspended.