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.