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.