1-1           By:  Harris                                      S.B. No. 243

 1-2           (In the Senate - Filed January 20, 1997; January 21, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     February 5, 1997, reported favorably by the following vote:  Yeas

 1-5     6, Nays 0; February 5, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to a child's property damage to a hotel.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Title 73, Revised Statutes, is amended by adding

1-11     Article 4596e to read as follows:

1-12           Art. 4596e.  LIABILITY FOR PROPERTY DAMAGE CAUSED BY CHILDREN

1-13           Sec. 1.  In this article:

1-14                 (1)  "Innkeeper" means an owner, operator, or manager

1-15     of a hotel as defined by Section 156.001, Tax Code.

1-16                 (2)  "Child" means a person who is under 18 years of

1-17     age.

1-18           Sec. 2.  An innkeeper may request a parent or other person

1-19     who has the duty of control and reasonable discipline of a child to

1-20     sign a form assuming liability for any property damage proximately

1-21     caused by the negligent conduct or the wilful and malicious conduct

1-22     of the child.

1-23           Sec. 3.  A parent or other person who signs the form

1-24     described in Section 2 of this article is liable for any property

1-25     damage proximately caused by the negligent conduct or the wilful

1-26     and malicious conduct of the child.

1-27           Sec. 4.  A parent or other person is not required to sign the

1-28     form described in Section 2 of this article.

1-29           Sec. 5.  An innkeeper may deny service to the parent or other

1-30     person who does not sign the form described in Section 2 of this

1-31     article and to the child, except that in no event shall the denial

1-32     be based on the race, creed, color, national origin, sex, or

1-33     disability of a person.

1-34           Sec. 6.  Chapter 41, Family Code, applies to inns and hotels.

1-35           SECTION 2.  This Act takes effect September 1, 1997.

1-36           SECTION 3.  The importance of this legislation and the

1-37     crowded condition of the calendars in both houses create an

1-38     emergency and an imperative public necessity that the

1-39     constitutional rule requiring bills to be read on three several

1-40     days in each house be suspended, and this rule is hereby suspended.

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