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
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   3-54  Name:  Dennis Garza                              x
   3-55  Representing:  LULAC
   3-56  City:  Austin
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   3-58  Name:  Shannon Noble                             x
   3-59  Representing:  TX Womens Political Caucus
   3-60  City:  Austin
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   3-62  Name:  Sheila Enid Cheaney                       x
   3-63  Representing:  ACLU of Texas
   3-64  City:  Austin
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   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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