| TO: | Honorable David Swinford, Chair, House Committee on State Affairs |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB424 by Hughes (Relating to the safety of hotel guests; providing penalties.), As Introduced |
The bill would add sections to the Government Code and the Health and Safety Code relating to the safety of hotel guests and provides penalties.
Section 1 of the bill would entitle a hotel employer to obtain from the Department of Public Safety (DPS) criminal history record information 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. The hotel employer would not be able to 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 of the bill would require a person operating a hotel to equip each exterior door with a door viewer. The attorney general or a district or county attorney could investigate alleged violations and enforce a penalty, of not more than $1,000 for each violation, but not to exceed $10,000, or provide a remedy. The attorney general or district or county attorney may also file suit against a person for violations and recover reasonable expenses incurred in obtaining an injunction or recovering a civil penalty. The attorney general or a district or county attorney may also file suit to recover a civil penalty against a person who violates an injunction issued. The amount of the civil penalty for each
violation may not exceed $10,000. The total penalty may not exceed $20,000. Civil penalties collected by a district or county attorney would be deposited to the credit of the compensation to victims of crime fund.
Criminal history record information received by a hotel employer is privileged and would be for the exclusive use of the employer. The attorney general or a district or county attorney may investigate an alleged violation and enforce any penalty, of not more than $1,000 for each violation, but not to exceed $10,000, or provide a remedy. The attorney general or a district or county attorney may recover reasonable expenses incurred in obtaining an injunction or recovering a civil penalty. The attorney general or a district or county attorney may also file suit to recover a civil penalty against a person who violates an injunction issued. The amount of the civil penalty for each
violation may not exceed $10,000. The total penalty may not exceed $20,000. Civil penalties collected by a district or county attorney would be deposited to the credit of the compensation to victims of crime fund.
DPS reports that there would be operational implications; however, these can be accomplished within existing resources.
The bill would take effect September 1, 2005.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety
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| LBB Staff: | JOB, SR, VDS, SJ, KJG
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