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.