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.