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79R117 JTS-D
By: Hughes H.B. No. 424
A BILL TO BE ENTITLED
AN ACT
relating to the safety of hotel guests; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1182 to read as follows:
Sec. 411.1182. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION; APPLICANTS FOR HOTEL EMPLOYMENT. (a) In this section,
"hotel" and "hotel employer" have the meanings assigned by Section
766.001, Health and Safety Code.
(b) A hotel employer is entitled to obtain from the
department criminal history record information maintained by the
department that pertains to a person who:
(1) is an applicant for a position of employment in a
hotel to whom an offer of employment is made; and
(2) may be reasonably required to have access to a
guest room in the hotel.
(c) The hotel employer may not destroy criminal history
record information that relates to a person before the second
anniversary of the date the person's employment with the hotel
employer ends or the hotel employer determines not to employ the
person, as applicable.
SECTION 2. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 761 to read as follows:
CHAPTER 761. HOTEL SAFETY
Sec. 761.001. DEFINITIONS. In this chapter:
(1) "Door viewer" means a permanently installed device
in an exterior door of a guest room that allows a person inside the
guest room to view a person outside the door.
(2) "Exterior door" means a door that opens to the
exterior of the hotel or to a hallway or community area of the
hotel.
(3) "Hotel" means a facility that provides lodging to
guests for compensation, including a hotel, motel, inn, bed and
breakfast facility, or similar facility. The term does not
include:
(A) a hospital, sanitarium, or nursing home; or
(B) a building in which all or substantially all
of the occupants have the right to use or possess the guest room for
at least 28 consecutive days.
Sec. 761.002. DOOR VIEWER REQUIRED. (a) A person operating
a hotel shall equip each exterior door of each guest room with a
door viewer. The door viewer must be:
(1) a clear glass pane or one-way mirror; or
(2) a peephole having a barrel with a one-way lens of
glass or other substance providing an angle view of not less than
160 degrees.
(b) Subsection (a) does not apply to an exterior door
through which a person outside the door may be clearly seen without
the use of a door viewer.
Sec. 761.003. INVESTIGATIVE AND ENFORCEMENT AUTHORITY. (a)
The attorney general or a district or county attorney may:
(1) investigate an alleged violation of this chapter;
and
(2) enforce any penalty or remedy authorized by this
chapter.
(b) The attorney general or a district or county attorney
may recover reasonable expenses, including court costs, attorney's
fees, investigative costs, witness fees, and deposition expenses,
incurred in obtaining an injunction or recovering a civil penalty
under this chapter.
Sec. 761.004. SUIT FOR ENFORCEMENT. (a) The attorney
general or a district or county attorney may file suit against a
person who violates this chapter to:
(1) obtain an injunction to enjoin the person from
violating this chapter; or
(2) recover a civil penalty under Section 761.005.
(b) Venue for a suit filed under this section is in a
district court located in:
(1) Travis County; or
(2) the county in which the defendant resides.
Sec. 761.005. AMOUNT OF CIVIL PENALTY. Except as provided
by Section 761.006, a person who violates this chapter is subject to
a civil penalty of not more than $1,000 for each violation, but not
to exceed a total of $10,000.
Sec. 761.006. VIOLATION OF INJUNCTION. (a) The attorney
general or a district or county attorney may file suit to recover a
civil penalty against a person who violates an injunction issued
under Section 761.004. The amount of the civil penalty for each
violation may not exceed $10,000. The total penalty may not exceed
$20,000.
(b) Venue for a suit filed under this section is in the
district court that issued the injunction that is the subject of the
civil penalty.
Sec. 761.007. DEPOSIT IN COMPENSATION TO VICTIMS OF CRIME
FUND. A civil penalty collected under this chapter by a district or
county attorney shall be deposited to the credit of the
compensation to victims of crime fund.
SECTION 3. Section 765.001(6), Health and Safety Code, is
amended to read as follows:
(6) "Residential dwelling project" means a house,
condominium, apartment building, duplex, or similar facility that
is used as a dwelling [or a facility that provides lodging to guests
for compensation including a hotel, motel, inn, bed and breakfast
facility, or similar facility]. The term does not include a nursing
home or other related institution regulated under Chapter 242.
SECTION 4. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 766 to read as follows:
CHAPTER 766. CRIMINAL HISTORY RECORD INFORMATION CHECKS OF HOTEL
EMPLOYEES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 766.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Public
Safety.
(2) "Hotel" means a facility that provides lodging to
guests for compensation, including a hotel, motel, inn, bed and
breakfast facility, or similar facility.
(3) "Hotel employer" means a person who employs
employees at a hotel.
Sec. 766.002. APPLICATION OF CHAPTER; EXCEPTION. (a) This
chapter applies to each applicant for a position of employment in a
hotel to whom an offer of employment is made and who, in the course
and scope of the employment, may be reasonably required to have
access to a guest room in the hotel.
(b) This chapter does not apply to a person employed by a
guest of a hotel.
[Sections 766.003-766.050 reserved for expansion]
SUBCHAPTER B. VERIFICATION OF CRIMINAL HISTORY RECORD INFORMATION
Sec. 766.051. VERIFICATION OF CRIMINAL HISTORY RECORD
INFORMATION. A hotel employer may request an applicant to disclose
to the employer the applicant's criminal history at any time before
an offer of employment is made to the applicant. After an offer of
employment is made, the hotel employer shall obtain through the
department any criminal history record information that is
maintained by the department relating to that applicant and that
the department is authorized to release under Chapter 411,
Government Code.
Sec. 766.052. DEPARTMENT RULES. (a) The department may
adopt rules or apply rules adopted under Section 411.086,
Government Code, regarding the method of requesting information
under this chapter.
(b) The department may adopt rules relating to a hotel
employer's access to criminal history record information,
including requirements for submission of:
(1) the hotel employer's complete name, current street
address, and federal employer identification number;
(2) an affidavit by an authorized representative of
the hotel employer that the individual whose criminal history is
requested has been offered a position of employment by the employer
in a hotel and that, in the course and scope of the employment, the
individual may be reasonably required to have access to a guest room
in the hotel; and
(3) the complete name, date of birth, social security
number, and current street address of the individual signing the
affidavit.
(c) The department may not provide a hotel employer with the
criminal history record information of an applicant under this
chapter unless the employer is entitled to receive the information
under Section 411.1182, Government Code.
Sec. 766.053. PRIVILEGE. Criminal history record
information received by a hotel employer under this chapter is
privileged and is for the exclusive use of the employer. The hotel
employer may disclose the information to an authorized officer,
employee, or agent of the employer only for the purpose of making a
determination regarding the suitability of an individual for
employment. Otherwise, a hotel employer, or any individual to whom
the employer may have disclosed information, may not release or
otherwise disclose the information received under this chapter to
any person or governmental entity except:
(1) on court order;
(2) on a proper discovery request during litigation;
or
(3) with the written consent of the individual being
investigated.
[Sections 766.054-766.100 reserved for expansion]
SUBCHAPTER C. ENFORCEMENT PROVISIONS
Sec. 766.101. INVESTIGATIVE AND ENFORCEMENT AUTHORITY. (a)
The attorney general or a district or county attorney may:
(1) investigate an alleged violation of this chapter;
and
(2) enforce any penalty or remedy authorized by this
subchapter.
(b) The attorney general or a district or county attorney
may recover reasonable expenses, including court costs, attorney's
fees, investigative costs, witness fees, and deposition expenses,
incurred in obtaining an injunction or recovering a civil penalty
under this chapter.
Sec. 766.102. SUIT FOR ENFORCEMENT. (a) The attorney
general or a district or county attorney may file suit against a
person who violates this chapter to:
(1) obtain an injunction to enjoin the person from
violating this chapter; or
(2) recover a civil penalty under Section 766.103.
(b) Venue for a suit filed under this section is in a
district court located in:
(1) Travis County; or
(2) the county in which the defendant resides.
Sec. 766.103. AMOUNT OF CIVIL PENALTY. Except as provided
by Section 766.104, a person who violates this chapter is subject to
a civil penalty of not more than $1,000 for each violation, but not
to exceed a total of $10,000.
Sec. 766.104. VIOLATION OF INJUNCTION. (a) The attorney
general or a district or county attorney may file suit to recover a
civil penalty against a person who violates an injunction issued
under this subchapter. The amount of the civil penalty for each
violation may not exceed $10,000. The total penalty may not exceed
$20,000.
(b) Venue for a suit filed under this section is in the
district court that issued the injunction that is the subject of the
civil penalty.
Sec. 766.105. DEPOSIT IN COMPENSATION TO VICTIMS OF CRIME
FUND. A civil penalty collected under this subchapter by a district
or county attorney shall be deposited to the credit of the
compensation to victims of crime fund.
SECTION 5. This Act takes effect September 1, 2005.