By: Gallego H.B. No. 801 73R2459 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to discrimination by certain athletic clubs; providing 1-3 criminal penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 136 to read as follows: 1-7 CHAPTER 136. DISCRIMINATION BY ATHLETIC CLUBS 1-8 IN CERTAIN COUNTIES 1-9 Sec. 136.001. LEGISLATIVE FINDING. The legislature finds 1-10 that: 1-11 (1) athletic clubs in rural counties serve an 1-12 important function in those communities; 1-13 (2) because a small number of members of an athletic 1-14 club in a rural county may represent a significant percentage of 1-15 the population of the community and because only a few, widely 1-16 separated athletic clubs may exist in the community, this function 1-17 is of a public and not distinctly private nature; and 1-18 (3) discrimination by athletic clubs limits the 1-19 opportunities of persons in these counties more severely than 1-20 similar discrimination by athletic clubs located in more populous 1-21 areas. 1-22 Sec. 136.002. DEFINITIONS. In this chapter: 1-23 (1) "Athletic club" means an entity that provides 1-24 sports or exercise equipment or facilities to its customers or 2-1 members or to the guests of its customers or members. 2-2 (2) "Swimming club" means an athletic club that 2-3 maintains a swimming pool subject to inspection as a public 2-4 swimming pool by the Texas Department of Health. 2-5 Sec. 136.003. SCOPE OF CHAPTER. (a) Except as provided by 2-6 Subsection (b), this chapter applies only to an athletic club that 2-7 within the calendar year preceding the year in which an alleged 2-8 violation of this chapter occurs: 2-9 (1) had more than 100 customers or members; 2-10 (2) received dues or other payments in excess of 2-11 $75,000 for providing sports or exercise equipment or facilities to 2-12 customers, members, or guests of customers or members; and 2-13 (3) is located in a county with a population of 5,000 2-14 or less. 2-15 (b) This chapter applies to a swimming club that is located 2-16 in a county with a population of 5,000 or less. 2-17 Sec. 136.004. DISCRIMINATION PROHIBITED. An athletic club 2-18 or swimming club may not deny any person full and equal enjoyment 2-19 of equipment or facilities provided by the athletic club or 2-20 swimming club because of the race, color, religion, creed, national 2-21 origin, or sex of the person. 2-22 Sec. 136.005. CRIMINAL PENALTY. (a) A person commits an 2-23 offense if the person knowingly violates Section 136.004. 2-24 (b) An offense under this section is a Class B misdemeanor. 2-25 Sec. 136.006. CIVIL ACTION. (a) Any person aggrieved by a 2-26 violation or threatened violation of Section 136.004 may bring a 2-27 civil action to enjoin the violation or threatened violation, to 3-1 recover damages arising from the violation or threatened violation, 3-2 or both. 3-3 (b) A district, county, or municipal attorney or the 3-4 attorney general may sue to enjoin a violation or threatened 3-5 violation of Section 136.004. 3-6 Sec. 136.007. STATUTORY DAMAGES. (a) A court shall 3-7 authorize the trier of fact in a civil action under this chapter to 3-8 award statutory damages to the plaintiff if the plaintiff: 3-9 (1) establishes a violation of Section 136.004; and 3-10 (2) does not prove actual damages in excess of 3-11 $10,000. 3-12 (b) The trier of fact may not award statutory damages under 3-13 this section in an amount greater than $10,000. 3-14 Sec. 136.008. CONTEMPT. A court may punish a person who 3-15 violates a temporary or permanent injunctive order issued by the 3-16 court under this chapter for contempt by: 3-17 (1) a fine of not less than $1,000 and not more than 3-18 $10,000; 3-19 (2) confinement in jail for a term of not less than 10 3-20 days and not more than 30 days; or 3-21 (3) both. 3-22 Sec. 136.009. ATTORNEY'S FEES AND COSTS. A court may award 3-23 a plaintiff who prevails in an action under this chapter reasonable 3-24 attorney's fees and costs. 3-25 SECTION 2. (a) This Act takes effect September 1, 1993. 3-26 (b) The change in the law made by this Act applies only to 3-27 discriminatory conduct occurring on or after the effective date of 4-1 this Act. 4-2 SECTION 3. The importance of this legislation and the 4-3 crowded condition of the calendars in both houses create an 4-4 emergency and an imperative public necessity that the 4-5 constitutional rule requiring bills to be read on three several 4-6 days in each house be suspended, and this rule is hereby suspended.