1-1 By: Lucio S.B. No. 1463
1-2 (In the Senate - Filed April 30, 1993; May 3, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 May 12, 1993, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; May 12, 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 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to discrimination by certain athletic clubs; creating
1-24 offenses and providing penalties.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-27 amended by adding Chapter 136 to read as follows:
1-28 CHAPTER 136. DISCRIMINATION BY ATHLETIC CLUBS
1-29 IN CERTAIN COUNTIES
1-30 Sec. 136.001. LEGISLATIVE FINDING. The legislature finds
1-31 that:
1-32 (1) athletic clubs in rural counties serve an
1-33 important function in those communities;
1-34 (2) because a small number of members of an athletic
1-35 club in a rural county may represent a significant percentage of
1-36 the population of the community and because only a few, widely
1-37 separated athletic clubs may exist in the community, this function
1-38 is of a public and not a distinctly private nature; and
1-39 (3) discrimination by athletic clubs limits the
1-40 opportunities of persons in these counties more severely than
1-41 similar discrimination by athletic clubs located in more populous
1-42 areas.
1-43 Sec. 136.002. DEFINITIONS. In this chapter:
1-44 (1) "Athletic club" means an entity that provides
1-45 sports or exercise equipment or facilities to its customers or
1-46 members or to the guests of its customers or members.
1-47 (2) "Swimming club" means an athletic club that
1-48 maintains a swimming pool subject to inspection as a public
1-49 swimming pool by the Texas Department of Health.
1-50 Sec. 136.003. SCOPE OF CHAPTER. (a) Except as provided by
1-51 Subsection (b), this chapter applies only to an athletic club that
1-52 within the calendar year preceding the year in which an alleged
1-53 violation of this chapter occurs:
1-54 (1) had more than 100 customers or members;
1-55 (2) received dues or other payments in excess of
1-56 $75,000 for providing sports or exercise equipment or facilities to
1-57 customers, members, or guests of customers or members; and
1-58 (3) is located in a county with a population of 5,000
1-59 or less.
1-60 (b) This chapter applies to a swimming club that is located
1-61 in a county with a population of 5,000 or less.
1-62 Sec. 136.004. DISCRIMINATION PROHIBITED. An athletic club
1-63 or swimming club may not deny any person full and equal enjoyment
1-64 of equipment or facilities provided by the athletic club or
1-65 swimming club because of the race, color, religion, creed, national
1-66 origin, or sex of the person.
1-67 Sec. 136.005. CRIMINAL PENALTY. (a) A person commits an
1-68 offense if the person knowingly violates Section 136.004.
2-1 (b) An offense under this section is a Class B misdemeanor.
2-2 Sec. 136.006. CIVIL ACTION. (a) Any person aggrieved by a
2-3 violation or threatened violation of Section 136.004 may bring a
2-4 civil action to enjoin the violation or threatened violation, to
2-5 recover damages arising from the violation or threatened violation,
2-6 or both.
2-7 (b) A district, county, or municipal attorney or the
2-8 attorney general may sue to enjoin a violation or threatened
2-9 violation of Section 136.004.
2-10 Sec. 136.007. STATUTORY DAMAGES. (a) A court shall
2-11 authorize the trier of fact in a civil action under this chapter to
2-12 award statutory damages to the plaintiff if the plaintiff:
2-13 (1) establishes a violation of Section 136.004; and
2-14 (2) does not prove actual damages in excess of
2-15 $10,000.
2-16 (b) The trier of fact may not award statutory damages under
2-17 this section in an amount greater than $10,000.
2-18 Sec. 136.008. CONTEMPT. A court may punish a person who
2-19 violates a temporary or permanent injunctive order issued by the
2-20 court under this chapter for contempt by:
2-21 (1) a fine of not less than $1,000 and not more than
2-22 $10,000;
2-23 (2) confinement in jail for a term of not less than 10
2-24 days and not more than 30 days; or
2-25 (3) both.
2-26 Sec. 136.009. ATTORNEY FEES AND COSTS. A court may award a
2-27 plaintiff who prevails in an action under this chapter reasonable
2-28 attorney fees and costs.
2-29 SECTION 2. (a) This Act takes effect September 1, 1993.
2-30 (b) The change in the law made by this Act applies only to
2-31 discriminatory conduct occurring on or after the effective date of
2-32 this Act.
2-33 SECTION 3. The importance of this legislation and the
2-34 crowded condition of the calendars in both houses create an
2-35 emergency and an imperative public necessity that the
2-36 constitutional rule requiring bills to be read on three several
2-37 days in each house be suspended, and this rule is hereby suspended.
2-38 * * * * *
2-39 Austin,
2-40 Texas
2-41 May 12, 1993
2-42 Hon. Bob Bullock
2-43 President of the Senate
2-44 Sir:
2-45 We, your Committee on State Affairs to which was referred S.B.
2-46 No. 1463, have had the same under consideration, and I am
2-47 instructed to report it back to the Senate with the recommendation
2-48 that it do pass and be printed.
2-49 Harris of
2-50 Dallas, Chairman
2-51 * * * * *
2-52 WITNESSES
2-53 No witnesses appeared on S.B. No. 1463.