79R4951 AJA-D

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 Section 250.003 to read as follows:
	Sec. 250.003.  PERSONAL LIABILITY OF NONOWNERS.  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 and street address to the 
enforcement official who issues the citation or the official's 
superior.
	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)  Section 250.003, Local Government Code, as added by this 
Act, applies 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.