By: West, et al. S.B. No. 1408
A BILL TO BE ENTITLED
AN ACT
1-1 relating to discrimination by certain accommodations and
1-2 associations; imposing civil penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-5 amended by adding Chapter 136 to read as follows:
1-6 CHAPTER 136. DISCRIMINATION BY
1-7 PUBLIC ACCOMMODATION OR PUBLIC ASSOCIATION
1-8 Sec. 136.001. FINDINGS. The legislature finds that a
1-9 significant barrier to the advancement of minorities and women in
1-10 the business and professional life of this state exists because of
1-11 the discriminatory practices of certain accommodations and
1-12 associations that are not distinctly private and in which business
1-13 is frequently conducted; that while such accommodations and
1-14 associations may avowedly be formed for social or civic purposes,
1-15 the extent to which many of the activities in the accommodations
1-16 and associations have had a prejudicial impact on the business,
1-17 professional, and employment opportunities of minorities and women
1-18 cannot be ignored or minimized; that business most frequently
1-19 occurs in accommodations or associations having more than 250
1-20 members and receiving payment of more than $100,000; and that this
1-21 state has a compelling interest in eradicating discrimination based
1-22 on race, color, religion, creed, national origin, and sex to ensure
1-23 that all of its citizens have a fair and equal opportunity to
1-24 participate in the business and professional life of this state.
2-1 Sec. 136.002. DEFINITIONS. In this chapter:
2-2 (1) "Accommodation" or "association" means an entity
2-3 that provides goods, services, facilities, privileges, or
2-4 advantages to its customers, clients, patrons, or members or to the
2-5 guests of its customers, clients, patrons, or members.
2-6 (2) "Goods, services, facilities, privileges, or
2-7 advantages" means food or beverages; lodging; exhibitions;
2-8 entertainment; live, broadcast, or recorded meetings; meeting
2-9 rooms; reading rooms; social gatherings; or sports or exercise
2-10 equipment, areas, or facilities.
2-11 (3) "Public accommodation" or "public association"
2-12 means an accommodation or association that, within the calendar
2-13 year preceding the year in which a violation of Section 136.003
2-14 occurs:
2-15 (A) had more than 250 customers, clients,
2-16 patrons, or members; and
2-17 (B) received, directly or indirectly, dues or
2-18 other payments in excess of $100,000 for the provision of goods,
2-19 services, facilities, privileges, or advantages.
2-20 (4) "Private accommodation" or "private association"
2-21 means an accommodation or association that proves by a
2-22 preponderance of the evidence that the accommodation or
2-23 association:
2-24 (A) has written objective criteria for selecting
2-25 members that:
2-26 (i) are related to the purposes of the
2-27 accommodation or association;
3-1 (ii) are available to prospective, bona
3-2 fide applicants for membership; and
3-3 (iii) do not discriminate in purpose or
3-4 effect on the basis of race, color, religion, creed, national
3-5 origin, or sex of the applicant;
3-6 (B) limits the provision of goods, services,
3-7 facilities, privileges, or advantages to members and bona fide
3-8 guests of members;
3-9 (C) is controlled by its membership and operated
3-10 solely for the benefit and pleasure of its members;
3-11 (D) is organized under the nonprofit corporate
3-12 laws of the state; and
3-13 (E) directs its publicity exclusively and only
3-14 to its members for their information and guidance.
3-15 (5) "Distinctly private accommodation or association"
3-16 means an accommodation or association that is not described by
3-17 Subdivision (3) and that is:
3-18 (A) an accommodation or association:
3-19 (i) that is composed of members of only
3-20 one race, color, religion, creed, national origin, or sex, which
3-21 group has suffered from a historic disadvantage relating to the
3-22 classification on the basis of race, color, religion, creed,
3-23 national origin, or sex;
3-24 (ii) that is formed or continued to
3-25 compensate for the disadvantage;
3-26 (iii) whose classification on basis of
3-27 race, color, religion, creed, national origin, or sex is not based
4-1 on and does not perpetuate specific stereotypes about the
4-2 disadvantaged group; and
4-3 (iv) whose classification on the basis of
4-4 race, color, religion, creed, national origin, or sex is
4-5 substantially and directly related to helping its members
4-6 compensate for the historical disadvantage;
4-7 (B) a purely charitable accommodation or
4-8 association or an organization that has received an exemption under
4-9 Section 501(c)(3) of the Internal Revenue Code of 1986; or
4-10 (C) a lodge of a fraternal society, organized
4-11 for charitable or benevolent purposes, similar to those described
4-12 in Article 1399, Revised Statutes.
4-13 Sec. 136.003. DISCRIMINATION PROHIBITED. Except as provided
4-14 by Section 136.004, a public accommodation or public association
4-15 may not deny any person full and equal enjoyment of goods,
4-16 services, facilities, privileges, or advantages provided by the
4-17 accommodation or association because of the race, color, religion,
4-18 creed, national origin, or sex of the person.
4-19 Sec. 136.004. EXCEPTION. An accommodation or association
4-20 that discriminates against a person in a manner prohibited by
4-21 Section 136.003 does not violate that section if:
4-22 (1) it was formed, in whole or in part, for the
4-23 purpose of advocating a point of view and the discrimination is
4-24 necessary to the advocacy of the point of view;
4-25 (2) it is a religious accommodation or association and
4-26 the discrimination is necessary to the full and free exercise of
4-27 its religious beliefs, customs, or practices; or
5-1 (3) in discrimination based on sex, it is an
5-2 accommodation or association in which males or females are
5-3 partially or wholly unclothed and there is no alternative means of
5-4 protecting the privacy of the customers, clients, patrons, members,
5-5 or their guests.
5-6 Sec. 136.005. CIVIL ACTION. Any person aggrieved by a
5-7 violation of Section 136.003 may bring a civil action to enjoin the
5-8 violation or to recover damages arising from the violation.
5-9 Sec. 136.006. STATUTORY DAMAGES. (a) A court shall
5-10 authorize the trier of fact in a civil action under this chapter to
5-11 award statutory damages to the plaintiff if the plaintiff:
5-12 (1) establishes a violation of Section 136.003; and
5-13 (2) does not prove actual damages in excess of
5-14 $10,000.
5-15 (b) The trier of fact may not award statutory damages under
5-16 this section in an amount greater than $10,000.
5-17 Sec. 136.007. CONTEMPT. A court may punish a person who
5-18 violates a temporary or permanent injunctive order issued by the
5-19 court under this chapter for contempt by a fine not less than
5-20 $1,000 and not more than $10,000, confinement in jail for a term of
5-21 not less than 10 days and not more than 30 days, or both.
5-22 Sec. 136.008. ATTORNEY FEES AND COSTS. A court may award a
5-23 plaintiff who prevails in an action under this chapter reasonable
5-24 attorney fees and costs.
5-25 SECTION 2. This Act takes effect September 1, 1993, and
5-26 applies only to conduct occurring on or after that date.
5-27 SECTION 3. If any provision of this Act or its application
6-1 to any person or circumstance is held invalid, the invalidity does
6-2 not affect other provisions or applications of this Act that can be
6-3 given effect without the invalid provision or application, and to
6-4 this end the provisions of the Act are declared to be severable.
6-5 SECTION 4. The importance of this legislation and the
6-6 crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended.