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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 77(R)

HOUSE BILL 259

HOUSE AUTHOR: G. Lewis et al.

EFFECTIVE: Vetoed

SENATE SPONSOR: Armbrister

            House Bill 259 amends the Civil Practice and Remedies Code to prohibit a person who owns or operates a public accommodation from restricting an individual from access or admission to the facility solely because of race, creed, sex, religion, or national origin of the individual or because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of an organization or association. Access or admission may be denied to a person if the conduct of the person poses a risk to other people or property or if the person's clothing does not conform with an established dress code.

            The bill authorizes a person to bring a cause of action for injunctive relief or damages or both and provides that a person who prevails in the action is entitled to reasonable attorney's fees and court costs. The person may recover actual damages incurred by the person and exemplary damages up to $500.

            The provisions of House Bill 259 do not apply to a private or independent institution of higher education or to a student while attending a private or public middle school, a junior high school, a high school, or an activity or event sponsored by one of those schools.