By:  Greenberg                                         H.B. No. 839
       73R3263 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to discrimination by certain accommodations.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The Civil Practice and Remedies Code is amended
    1-5  by adding Title 8 to read as follows:
    1-6               TITLE 8.  MEASURES AGAINST DISCRIMINATION
    1-7        CHAPTER 201.  DISCRIMINATION BY CERTAIN ACCOMMODATIONS
    1-8        Sec. 201.001.  LEGISLATIVE FINDINGS.  The legislature finds
    1-9  that accommodations that are subject to this chapter are of a
   1-10  public and not distinctly private nature, that business frequently
   1-11  occurs in these accommodations, and that the discriminatory
   1-12  practices of some of these accommodations have a prejudicial impact
   1-13  on the business opportunities of certain citizens of this state.
   1-14        Sec. 201.002.  DEFINITIONS.  In this chapter:
   1-15              (1)  "Accommodation" means an entity that provides
   1-16  goods, services, or facilities to its customers or to the guests of
   1-17  its customers.
   1-18              (2)  "Customer" includes a client, patron, or member of
   1-19  an accommodation.
   1-20              (3)  "Goods, services, or facilities" includes:
   1-21                    (A)  food or beverages;
   1-22                    (B)  lodging;
   1-23                    (C)  exhibitions;
   1-24                    (D)  entertainment;
    2-1                    (E)  live, broadcast, or recorded meetings;
    2-2                    (F)  meeting or banquet rooms;
    2-3                    (G)  reading rooms;
    2-4                    (H)  social gatherings or facilities for social
    2-5  gatherings; and
    2-6                    (I)  sports or exercise equipment or facilities.
    2-7        Sec. 201.003.  DISCRIMINATION PROHIBITED.  An accommodation
    2-8  that is subject to this chapter may not deny a person full and
    2-9  equal enjoyment of goods, services, or facilities provided by the
   2-10  accommodation because of the race, color, disability, sex,
   2-11  religion, age, or national origin of the person.
   2-12        Sec. 201.004.  PUBLIC ACCOMMODATION.  An accommodation is
   2-13  public and is subject to this chapter if, on any date in the
   2-14  calendar year preceding the year in which a violation of this
   2-15  chapter occurs, the accommodation:
   2-16              (1)  had more than 250 customers; and
   2-17              (2)  received, directly or indirectly, dues or payments
   2-18  in excess of $100,000 for the provision of goods, services, or
   2-19  facilities.
   2-20        Sec. 201.005.  EXCEPTION; CERTAIN ACCOMMODATIONS.  An
   2-21  accommodation that discriminates against a person in a manner
   2-22  prohibited by Section 201.003 does not violate that section if:
   2-23              (1)  it was formed, in whole or in part, for the
   2-24  purpose of advocating a point of view, and the discrimination is
   2-25  necessary to the advocacy of the point of view;
   2-26              (2)  it is a religious accommodation and the
   2-27  discrimination is necessary to the full and free exercise of its
    3-1  religious beliefs, customs, or practices; or
    3-2              (3)  in discrimination based on sex, it is an
    3-3  accommodation in which males or females are partially or wholly
    3-4  unclothed, and there is no alternative means of protecting the
    3-5  privacy of the customers or their guests.
    3-6        Sec. 201.006.  DISTINCTLY PRIVATE ACCOMMODATION.  An
    3-7  accommodation is distinctly private and not subject to this chapter
    3-8  if:
    3-9              (1)  the accommodation:
   3-10                    (A)  is composed of members of only one race,
   3-11  color, disability, sex, religion, age, or national origin who have
   3-12  suffered from a historic disadvantage because of classification on
   3-13  the basis of race, color, disability, sex, religion, age, or
   3-14  national origin; and
   3-15                    (B)  was formed or is continued at least in part
   3-16  to compensate for the historic disadvantage;
   3-17              (2)  the accommodation qualifies for a tax exemption
   3-18  under Section 501(a), Internal Revenue Code of 1986 (26 U.S.C.
   3-19  Section 501), by being listed as an exempt organization in Section
   3-20  501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501);
   3-21  or
   3-22              (3)  the accommodation is a lodge described by Article
   3-23  1399, Revised Statutes.
   3-24        Sec. 201.007.  CIVIL ACTION.  (a)  A person aggrieved by
   3-25  violation or threatened violation of this chapter may bring a civil
   3-26  action to enjoin the violation or threatened violation, to recover
   3-27  damages arising from the violation or threatened violation, or
    4-1  both.
    4-2        (b)  A district, county, or municipal attorney or the
    4-3  attorney general may sue to enjoin a violation or threatened
    4-4  violation of this chapter.
    4-5        Sec. 201.008.  STATUTORY DAMAGES.  (a)  A court shall
    4-6  authorize the trier of fact in a civil action under this chapter to
    4-7  award statutory damages to the plaintiff if the plaintiff:
    4-8              (1)  establishes a violation of Section 201.003; and
    4-9              (2)  does not prove actual damages in excess of
   4-10  $10,000.
   4-11        (b)  The trier of fact may not award statutory damages under
   4-12  this section in an amount greater than $10,000.
   4-13        Sec. 201.009.  CONTEMPT.  A court may punish a person who
   4-14  violates a temporary or permanent injunctive order issued by the
   4-15  court under this chapter for contempt by:
   4-16              (1)  a fine of not less than $1,000 and not more than
   4-17  $10,000;
   4-18              (2)  confinement in jail for a term of not less than 10
   4-19  days and not more than 30 days; or
   4-20              (3)  both.
   4-21        Sec. 201.010.  ATTORNEY'S FEES AND COSTS.  A court may award
   4-22  a plaintiff who prevails in an action under this chapter reasonable
   4-23  attorney's fees and costs.
   4-24        SECTION 2.  This Act takes effect September 1, 1993, and
   4-25  applies only to discriminatory conduct occurring on or after that
   4-26  date.
   4-27        SECTION 3.  The importance of this legislation and the
    5-1  crowded condition of the calendars in both houses create an
    5-2  emergency and an imperative public necessity that the
    5-3  constitutional rule requiring bills to be read on three several
    5-4  days in each house be suspended, and this rule is hereby suspended.