By: Lucio S.B. No. 1463
A BILL TO BE ENTITLED
AN ACT
1-1 relating to discrimination by certain athletic clubs; creating
1-2 offenses and providing 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 ATHLETIC CLUBS
1-7 IN CERTAIN COUNTIES
1-8 Sec. 136.001. LEGISLATIVE FINDING. The legislature finds
1-9 that:
1-10 (1) athletic clubs in rural counties serve an
1-11 important function in those communities;
1-12 (2) because a small number of members of an athletic
1-13 club in a rural county may represent a significant percentage of
1-14 the population of the community and because only a few, widely
1-15 separated athletic clubs may exist in the community, this function
1-16 is of a public and not a distinctly private nature; and
1-17 (3) discrimination by athletic clubs limits the
1-18 opportunities of persons in these counties more severely than
1-19 similar discrimination by athletic clubs located in more populous
1-20 areas.
1-21 Sec. 136.002. DEFINITIONS. In this chapter:
1-22 (1) "Athletic club" means an entity that provides
1-23 sports or exercise equipment or facilities to its customers or
1-24 members or to the guests of its customers or members.
2-1 (2) "Swimming club" means an athletic club that
2-2 maintains a swimming pool subject to inspection as a public
2-3 swimming pool by the Texas Department of Health.
2-4 Sec. 136.003. SCOPE OF CHAPTER. (a) Except as provided by
2-5 Subsection (b), this chapter applies only to an athletic club that
2-6 within the calendar year preceding the year in which an alleged
2-7 violation of this chapter occurs:
2-8 (1) had more than 100 customers or members;
2-9 (2) received dues or other payments in excess of
2-10 $75,000 for providing sports or exercise equipment or facilities to
2-11 customers, members, or guests of customers or members; and
2-12 (3) is located in a county with a population of 5,000
2-13 or less.
2-14 (b) This chapter applies to a swimming club that is located
2-15 in a county with a population of 5,000 or less.
2-16 Sec. 136.004. DISCRIMINATION PROHIBITED. An athletic club
2-17 or swimming club may not deny any person full and equal enjoyment
2-18 of equipment or facilities provided by the athletic club or
2-19 swimming club because of the race, color, religion, creed, national
2-20 origin, or sex of the person.
2-21 Sec. 136.005. CRIMINAL PENALTY. (a) A person commits an
2-22 offense if the person knowingly violates Section 136.004.
2-23 (b) An offense under this section is a Class B misdemeanor.
2-24 Sec. 136.006. CIVIL ACTION. (a) Any person aggrieved by a
2-25 violation or threatened violation of Section 136.004 may bring a
2-26 civil action to enjoin the violation or threatened violation, to
2-27 recover damages arising from the violation or threatened violation,
3-1 or both.
3-2 (b) A district, county, or municipal attorney or the
3-3 attorney general may sue to enjoin a violation or threatened
3-4 violation of Section 136.004.
3-5 Sec. 136.007. STATUTORY DAMAGES. (a) A court shall
3-6 authorize the trier of fact in a civil action under this chapter to
3-7 award statutory damages to the plaintiff if the plaintiff:
3-8 (1) establishes a violation of Section 136.004; and
3-9 (2) does not prove actual damages in excess of
3-10 $10,000.
3-11 (b) The trier of fact may not award statutory damages under
3-12 this section in an amount greater than $10,000.
3-13 Sec. 136.008. CONTEMPT. A court may punish a person who
3-14 violates a temporary or permanent injunctive order issued by the
3-15 court under this chapter for contempt by:
3-16 (1) a fine of not less than $1,000 and not more than
3-17 $10,000;
3-18 (2) confinement in jail for a term of not less than 10
3-19 days and not more than 30 days; or
3-20 (3) both.
3-21 Sec. 136.009. ATTORNEY FEES AND COSTS. A court may award a
3-22 plaintiff who prevails in an action under this chapter reasonable
3-23 attorney fees and costs.
3-24 SECTION 2. (a) This Act takes effect September 1, 1993.
3-25 (b) The change in the law made by this Act applies only to
3-26 discriminatory conduct occurring on or after the effective date of
3-27 this Act.
4-1 SECTION 3. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.