1-1 By: West, et al. S.B. No. 1408
1-2 (In the Senate - Filed April 22, 1993; April 26, 1993, read
1-3 first time and referred to Committee on State Affairs; May 6, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 9, Nays 0; May 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 1408 By: West
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to discrimination by certain accommodations and
1-25 associations; imposing civil penalties.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-28 amended by adding Chapter 136 to read as follows:
1-29 CHAPTER 136. DISCRIMINATION BY
1-30 PUBLIC ACCOMMODATION OR PUBLIC ASSOCIATION
1-31 Sec. 136.001. FINDINGS. The legislature finds that a
1-32 significant barrier to the advancement of minorities and women in
1-33 the business and professional life of this state exists because of
1-34 the discriminatory practices of certain accommodations and
1-35 associations that are not distinctly private and in which business
1-36 is frequently conducted; that while such accommodations and
1-37 associations may avowedly be formed for social or civic purposes,
1-38 the extent to which many of the activities in the accommodations
1-39 and associations have had a prejudicial impact on the business,
1-40 professional, and employment opportunities of minorities and women
1-41 cannot be ignored or minimized; that business most frequently
1-42 occurs in accommodations or associations having more than 250
1-43 members and receiving payment of more than $100,000; and that this
1-44 state has a compelling interest in eradicating discrimination based
1-45 on race, color, religion, creed, national origin, and sex to ensure
1-46 that all of its citizens have a fair and equal opportunity to
1-47 participate in the business and professional life of this state.
1-48 Sec. 136.002. DEFINITIONS. In this chapter:
1-49 (1) "Accommodation" or "association" means an entity
1-50 that provides goods, services, facilities, privileges, or
1-51 advantages to its customers, clients, patrons, or members or to the
1-52 guests of its customers, clients, patrons, or members.
1-53 (2) "Goods, services, facilities, privileges, or
1-54 advantages" means food or beverages; lodging; exhibitions;
1-55 entertainment; live, broadcast, or recorded meetings; meeting
1-56 rooms; reading rooms; social gatherings; or sports or exercise
1-57 equipment, areas, or facilities.
1-58 (3) "Public accommodation" or "public association"
1-59 means an accommodation or association that, within the calendar
1-60 year preceding the year in which a violation of Section 136.003
1-61 occurs:
1-62 (A) had more than 250 customers, clients,
1-63 patrons, or members; and
1-64 (B) received, directly or indirectly, dues or
1-65 other payments in excess of $100,000 for the provision of goods,
1-66 services, facilities, privileges, or advantages.
1-67 (4) "Private accommodation" or "private association"
1-68 means an accommodation or association that proves by a
2-1 preponderance of the evidence that the accommodation or
2-2 association:
2-3 (A) has written objective criteria for selecting
2-4 members that:
2-5 (i) are related to the purposes of the
2-6 accommodation or association;
2-7 (ii) are available to prospective, bona
2-8 fide applicants for membership; and
2-9 (iii) do not discriminate in purpose or
2-10 effect on the basis of race, color, religion, creed, national
2-11 origin, or sex of the applicant;
2-12 (B) limits the provision of goods, services,
2-13 facilities, privileges, or advantages to members and bona fide
2-14 guests of members;
2-15 (C) is controlled by its membership and operated
2-16 solely for the benefit and pleasure of its members;
2-17 (D) is organized under the nonprofit corporate
2-18 laws of the state; and
2-19 (E) directs its publicity exclusively and only
2-20 to its members for their information and guidance.
2-21 (5) "Distinctly private accommodation or association"
2-22 means an accommodation or association that is not described by
2-23 Subdivision (3) and that is:
2-24 (A) an accommodation or association:
2-25 (i) that is composed of members of only
2-26 one race, color, religion, creed, national origin, or sex, which
2-27 group has suffered from a historic disadvantage relating to the
2-28 classification on the basis of race, color, religion, creed,
2-29 national origin, or sex;
2-30 (ii) that is formed or continued to
2-31 compensate for the disadvantage;
2-32 (iii) whose classification on basis of
2-33 race, color, religion, creed, national origin, or sex is not based
2-34 on and does not perpetuate specific stereotypes about the
2-35 disadvantaged group; and
2-36 (iv) whose classification on the basis of
2-37 race, color, religion, creed, national origin, or sex is
2-38 substantially and directly related to helping its members
2-39 compensate for the historical disadvantage;
2-40 (B) a purely charitable accommodation or
2-41 association or an organization that has received an exemption under
2-42 Section 501(c)(3) of the Internal Revenue Code of 1986; or
2-43 (C) a lodge of a fraternal society, organized
2-44 for charitable or benevolent purposes, similar to those described
2-45 in Article 1399, Revised Statutes.
2-46 Sec. 136.003. DISCRIMINATION PROHIBITED. Except as provided
2-47 by Section 136.004, a public accommodation or public association
2-48 may not deny any person full and equal enjoyment of goods,
2-49 services, facilities, privileges, or advantages provided by the
2-50 accommodation or association because of the race, color, religion,
2-51 creed, national origin, or sex of the person.
2-52 Sec. 136.004. EXCEPTION. An accommodation or association
2-53 that discriminates against a person in a manner prohibited by
2-54 Section 136.003 does not violate that section if:
2-55 (1) it was formed, in whole or in part, for the
2-56 purpose of advocating a point of view and the discrimination is
2-57 necessary to the advocacy of the point of view;
2-58 (2) it is a religious accommodation or association and
2-59 the discrimination is necessary to the full and free exercise of
2-60 its religious beliefs, customs, or practices; or
2-61 (3) in discrimination based on sex, it is an
2-62 accommodation or association in which males or females are
2-63 partially or wholly unclothed and there is no alternative means of
2-64 protecting the privacy of the customers, clients, patrons, members,
2-65 or their guests.
2-66 Sec. 136.005. CIVIL ACTION. (a) Any person aggrieved by a
2-67 violation or threatened violation of Section 136.003 may bring a
2-68 civil action to enjoin the violation or threatened violation, to
2-69 recover damages arising from the violation or threatened violation,
2-70 or both.
3-1 (b) A district, county, or municipal attorney or the
3-2 attorney general may sue to enjoin a violation or threatened
3-3 violation of Section 136.003.
3-4 Sec. 136.006. STATUTORY DAMAGES. (a) A court shall
3-5 authorize the trier of fact in a civil action under this chapter to
3-6 award statutory damages to the plaintiff if the plaintiff:
3-7 (1) establishes a violation of Section 136.003; and
3-8 (2) does not prove actual damages in excess of
3-9 $10,000.
3-10 (b) The trier of fact may not award statutory damages under
3-11 this section in an amount greater than $10,000.
3-12 Sec. 136.007. CONTEMPT. A court may punish a person who
3-13 violates a temporary or permanent injunctive order issued by the
3-14 court under this chapter for contempt by a fine not less than
3-15 $1,000 and not more than $10,000, confinement in jail for a term of
3-16 not less than 10 days and not more than 30 days, or both.
3-17 Sec. 136.008. ATTORNEY FEES AND COSTS. A court may award a
3-18 plaintiff who prevails in an action under this chapter reasonable
3-19 attorney fees and costs.
3-20 SECTION 2. This Act takes effect September 1, 1993, and
3-21 applies only to conduct occurring on or after that date.
3-22 SECTION 3. If any provision of this Act or its application
3-23 to any person or circumstance is held invalid, the invalidity does
3-24 not affect other provisions or applications of this Act that can be
3-25 given effect without the invalid provision or application, and to
3-26 this end the provisions of the Act are declared to be severable.
3-27 SECTION 4. The importance of this legislation and the
3-28 crowded condition of the calendars in both houses create an
3-29 emergency and an imperative public necessity that the
3-30 constitutional rule requiring bills to be read on three several
3-31 days in each house be suspended, and this rule is hereby suspended.
3-32 * * * * *
3-33 Austin,
3-34 Texas
3-35 May 6, 1993
3-36 Hon. Bob Bullock
3-37 President of the Senate
3-38 Sir:
3-39 We, your Committee on State Affairs to which was referred S.B. No.
3-40 1408, have had the same under consideration, and I am instructed to
3-41 report it back to the Senate with the recommendation that it do not
3-42 pass, but that the Committee Substitute adopted in lieu thereof do
3-43 pass and be printed.
3-44 Harris of
3-45 Dallas, Chairman
3-46 * * * * *
3-47 WITNESSES
3-48 FOR AGAINST ON
3-49 ___________________________________________________________________
3-50 Name: Neil Cogan x
3-51 Representing: AAUW
3-52 City: Dallas
3-53 -------------------------------------------------------------------
3-54 Name: Dennis Garza x
3-55 Representing: LULAC
3-56 City: Austin
3-57 -------------------------------------------------------------------
3-58 Name: Shannon Noble x
3-59 Representing: TX Womens Political Caucus
3-60 City: Austin
3-61 -------------------------------------------------------------------
3-62 Name: Sheila Enid Cheaney x
3-63 Representing: ACLU of Texas
3-64 City: Austin
3-65 -------------------------------------------------------------------
3-66 FOR AGAINST ON
3-67 ___________________________________________________________________
3-68 Name: Gary Bledsoe x
3-69 Representing: Texas NACCP
3-70 City: Austin
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