By: Madla S.B. No. 399
A BILL TO BE ENTITLED
AN ACT
relating to liability of certain individuals for certain
governmental fines or penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.016 to read as follows:
Sec. 92.016. LIABILITY OF TENANT FOR GOVERNMENTAL FINES.
(a) In this section, "governmental entity" means the state, an
agency of the state, or a political subdivision of the state.
(b) A landlord or a landlord's manager or agent may not
charge or seek reimbursement from the landlord's tenant for the
amount of a fine imposed on the landlord by a governmental entity
unless the tenant or another occupant of the tenant's dwelling
actually caused the damage or other condition on which the fine is
based.
SECTION 2. Chapter 250, Local Government Code, is amended
by adding Sections 250.003, 250.004, and 250.005 to read as
follows:
Sec. 250.003. PERSONAL LIABILITY OF NONOWNERS. (a) An
individual who is an employee of the owner of real property for
which a citation for a violation of a county or municipal rule or
ordinance is issued, or of a company that manages the property on
behalf of the property owner, is not personally liable for criminal
or civil penalties resulting from the violation if the individual
provides the property owner's name, street address, and telephone
number to the enforcement official who issues the citation or the
official's superior.
(b) This section applies only to a citation for a violation
connected with real property for which a political subdivision has
issued a certificate of occupancy or a certificate of completion
with respect to the construction of improvements on the property.
This section does not prohibit a municipality or county from
issuing to an employee or contractor of the property owner or
management company a citation relating to the construction or
development of the property.
Sec. 250.004. AGENT FOR SERVICE. If the property owner's
street address is not in this state, the employee of the owner or
management company to whom a citation described by Section 250.003
is issued is considered the owner's agent for accepting service of
the citation for the violation of the county or municipal rule or
ordinance. Service of the citation on the agent has the same legal
effect as service on the owner for the purpose of fines against the
owner or the property, including a warrant or capias.
Sec. 250.005. OTHER REMEDIES UNAFFECTED. Sections 250.003
and 250.004 do not limit the availability of remedies against a real
property owner or real property otherwise provided by law,
including fines, closure, injunction, and mandamus.
SECTION 3. (a) Section 92.016, Property Code, as added by
this Act, applies only to liability for a fine imposed on a landlord
on or after the effective date of this Act. Liability for a fine
imposed by a landlord before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
(b) Sections 250.003, 250.004, and 250.005, Local
Government Code, as added by this Act, apply only to liability for a
violation of a county or municipal rule or ordinance for which a
citation is issued on or after the effective date of this Act.
Liability for a violation for which a citation is issued before the
effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.