BILL ANALYSIS


                                                         S.B. 924
                                                         By: West
                                                    State Affairs
                                                          4-11-95
                                       Committee Report (Amended)
BACKGROUND

Currently, private clubs and associations can limit their
membership at their discretion.

PURPOSE

As proposed, S.B. 924 defines discrimination by certain
accommodations and associations and creates civil and criminal
penalties.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6, Civil Practice and Remedies Code, by
adding Chapter 137, as follows:

                 CHAPTER 137.  DISCRIMINATION BY 
            PUBLIC ACCOMMODATION OR PUBLIC ASSOCIATION

     Sec. 137.001.  DEFINITIONS.  Defines "accommodation,"
     "association," "goods, services, facilities, privileges, or
     advantages," and "public accommodation" or "public
     association."
     
     Sec. 137.002.  DISCRIMINATION PROHIBITED.  Prohibits a public
     accommodation or public association from denying any person
     full and equal enjoyment of goods, services, facilities,
     privileges, or advantages provided by the accommodation or
     association because of the race, color, religion, creed,
     national origin, or sex of the person.
     
     Sec. 137.003.  EXCEPTION.  Establishes the conditions is which
     an accommodation or association that discriminates against a
     person does not violate Section 137.002.
     
     Sec. 137.004.  CRIMINAL PENALTY.  Provides that a person who
     knowingly violates Section 137.002 commits a Class B
     misdemeanor.
     
     Sec. 137.005.  CIVIL ACTION.  (a)  Authorizes any person
     aggrieved by a violation or threatened violation of Section
     137.002 to bring a civil action to enjoin the violation or
     threatened violation or both.
     
     (b)  Authorizes a district, county, or municipal attorney or
       the attorney general to sue to enjoin a violation or
       threatened violation of Section 137.002.
       
     Sec. 137.006.  STATUTORY DAMAGES.  Requires a court to
     authorize the trier of fact in a civil action under this
     chapter to award statutory damages to the plaintiff if the
     plaintiff establishes a violation of Section 137.002 and does
     not prove actual damages in excess of $10,000.
     
     (b)  Prohibits the trier of fact from awarding statutory
       damages under this section in an amount greater than
       $10,000.
       
     Sec. 137.007.  CONTEMPT.  Sets forth the means by which a
     court is authorized to punish a person who violates a
     temporary or permanent injunctive order issued by the court.
     
     Sec. 137.008.  ATTORNEY'S FEES AND COSTS.  Authorizes a court
     to award a plaintiff who prevails in an action under this
     chapter reasonable attorney's fees and costs.
     
SECTION 2. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.