By Solomons                                            H.B. No. 470
         77R2227 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring confirmation of a hotel reservation.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Chapter 35, Business & Commerce Code, is amended
 1-5     by adding Subchapter J to read as follows:
 1-6                     SUBCHAPTER J. TEXAS TOURIST RIGHTS
 1-7           Sec. 35.121.  SHORT TITLE. This subchapter may be cited as
 1-8     the Texas Tourist Rights Act.
 1-9           Sec. 35.122.  DEFINITIONS. In this subchapter:
1-10                 (1)  "Hotel" has the meaning assigned by Section
1-11     156.001, Tax Code.
1-12                 (2)  "Room" means a room ordinarily used for sleeping
1-13     and includes an apartment or suite connected with a room ordinarily
1-14     used for sleeping.
1-15           Sec. 35.123.  ROOM RESERVATION. (a)  A hotel shall reserve a
1-16     specific room for a person for the duration of the person's stay at
1-17     the hotel if:
1-18                 (1)  a reservation for the right to occupy the room was
1-19     made by the person or on the person's behalf at least 30 days
1-20     before the date of the person's arrival; and
1-21                 (2)  the price of the room has been paid in full or
1-22     payment for the price of the room has been guaranteed by credit
1-23     card.
1-24           (b)  A hotel room reserved under Subsection (a)  shall be
 2-1     held on the person's behalf until 6 p.m. or later of the day of the
 2-2     person's arrival.
 2-3           Sec. 35.124.  RESERVATION CONFIRMATION. Within 48 hours after
 2-4     reserving a room for a person under Section 35.123(a), the hotel
 2-5     shall by electronic mail message, facsimile, or mail to the person
 2-6     who made the reservation confirm the room reservation.
 2-7           Sec. 35.125.  ACTION IF ROOM UNAVAILABLE. If the room
 2-8     reserved under Section 35.123(a) is not available at the time of
 2-9     the person's arrival and the person presents to a hotel
2-10     representative the room reservation confirmation issued by the
2-11     hotel, the hotel shall:
2-12                 (1)  give the person a room of a value equal to or
2-13     greater than the value of the room reserved for the price of the
2-14     room reserved; or
2-15                 (2)  find and pay for a comparable room at another
2-16     hotel for the duration of the reservation and reimburse the person
2-17     for any payment made according to Section 35.123(a)(2).
2-18           SECTION 2. This Act takes effect September 1, 2001, and
2-19     applies only to a room reservation request made on or after
2-20     September 1, 2001.  A room reservation request made before
2-21     September 1, 2001, is governed by the law as it existed immediately
2-22     before the effective date of this Act, and that law is continued in
2-23     effect for that purpose.