S.B. No. 399




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.

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 399 passed the Senate on 
March 31, 2005, by the following vote:  Yeas 30, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 399 passed the House on 
May 20, 2005, by the following vote:  Yeas 139, Nays 0, two 
present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor