By: West S.B. No. 1408
73R9385 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to discrimination by certain accommodations and
1-3 associations; imposing civil and 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
1-8 PUBLIC ACCOMMODATION OR PUBLIC ASSOCIATION
1-9 Sec. 136.001. DEFINITIONS. In this chapter:
1-10 (1) "Accommodation" or "association" means an entity
1-11 that provides goods, services, facilities, privileges, or
1-12 advantages to its customers, clients, patrons, or members or to the
1-13 guests of its customers, clients, patrons, or members.
1-14 (2) "Goods, services, facilities, privileges, or
1-15 advantages" means food or beverages; lodging; exhibitions;
1-16 entertainment; live, broadcast, or recorded meetings; meeting
1-17 rooms; reading rooms; social gatherings; or sports or exercise
1-18 equipment, areas, or facilities.
1-19 (3) "Public accommodation" or "public association"
1-20 means an accommodation or association that, within the calendar
1-21 year preceding the year in which a violation of Section 136.002
1-22 occurs:
1-23 (A) had more than 50 customers, clients,
1-24 patrons, or members; and
2-1 (B) received, directly or indirectly, dues or
2-2 other payments in excess of $100,000 for the provision of goods,
2-3 services, facilities, privileges, or advantages.
2-4 Sec. 136.002. DISCRIMINATION PROHIBITED. Except as provided
2-5 by Section 136.003, a public accommodation or public association
2-6 may not deny any person full and equal enjoyment of goods,
2-7 services, facilities, privileges, or advantages provided by the
2-8 accommodation or association because of the race, color, religion,
2-9 creed, national origin, or sex of the person.
2-10 Sec. 136.003. EXCEPTION. An accommodation or association
2-11 that discriminates against a person in a manner prohibited by
2-12 Section 136.002 does not violate that section if:
2-13 (1) it was formed, in whole or in part, for the
2-14 purpose of advocating a point of view, and the discrimination is
2-15 necessary to the advocacy of the point of view;
2-16 (2) it is a religious accommodation or association and
2-17 the discrimination is necessary to the full and free exercise of
2-18 its religious beliefs, customs, or practices; or
2-19 (3) in discrimination based on sex, it is an
2-20 accommodation or association in which males or females are
2-21 partially or wholly unclothed, and there is no alternative means of
2-22 protecting the privacy of the customers, clients, patrons, members,
2-23 or their guests.
2-24 Sec. 136.004. CRIMINAL PENALTY. (a) A person commits an
2-25 offense if the person knowingly violates Section 136.002.
2-26 (b) An offense under this section is a Class B misdemeanor.
2-27 Sec. 136.005. CIVIL ACTION. (a) Any person aggrieved by a
3-1 violation or threatened violation of Section 136.002 may bring a
3-2 civil action to enjoin the violation or threatened violation, to
3-3 recover damages arising from the violation or threatened violation,
3-4 or both.
3-5 (b) A district, county, or municipal attorney or the
3-6 attorney general may sue to enjoin a violation or threatened
3-7 violation of Section 136.002.
3-8 Sec. 136.006. STATUTORY DAMAGES. (a) A court shall
3-9 authorize the trier of fact in a civil action under this chapter to
3-10 award statutory damages to the plaintiff if the plaintiff:
3-11 (1) establishes a violation of Section 136.002; and
3-12 (2) does not prove actual damages in excess of
3-13 $10,000.
3-14 (b) The trier of fact may not award statutory damages under
3-15 this section in an amount greater than $10,000.
3-16 Sec. 136.007. CONTEMPT. A court may punish a person who
3-17 violates a temporary or permanent injunctive order issued by the
3-18 court under this chapter for contempt by:
3-19 (1) a fine of not less than $1,000 and not more than
3-20 $10,000;
3-21 (2) confinement in jail for a term of not less than 10
3-22 days and not more than 30 days; or
3-23 (3) both.
3-24 Sec. 136.008. ATTORNEY'S FEES AND COSTS. A court may award
3-25 a plaintiff who prevails in an action under this chapter reasonable
3-26 attorney's fees and costs.
3-27 SECTION 2. This Act takes effect September 1, 1993, and
4-1 applies only to discriminatory conduct occurring on or after that
4-2 date.
4-3 SECTION 3. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.