By West                                                S.B. No. 924
       74R6500 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to discrimination by certain accommodations and
    1-3  associations; imposing civil and criminal penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 6, Civil Practice and Remedies Code, is
    1-6  amended by adding Chapter 137 to read as follows:
    1-7                    CHAPTER 137.  DISCRIMINATION BY
    1-8              PUBLIC ACCOMMODATION OR PUBLIC ASSOCIATION
    1-9        Sec. 137.001.  DEFINITIONS.  In this chapter:
   1-10              (1)  "Accommodation" or "association" means an entity
   1-11  that provides goods, services, facilities, privileges, or
   1-12  advantages to its customers, clients, patrons, or members or to the
   1-13  guests of its customers, clients, patrons, or members.
   1-14              (2)  "Goods, services, facilities, privileges, or
   1-15  advantages" means:
   1-16                    (A)  food or beverages;
   1-17                    (B)  lodging;
   1-18                    (C)  exhibitions;
   1-19                    (D)  entertainment;
   1-20                    (E)  live, broadcast, or recorded meetings;
   1-21                    (F)  meeting rooms;
   1-22                    (G)  reading rooms;
   1-23                    (H)  social gatherings; or
   1-24                    (I)  sports or exercise equipment, areas, or
    2-1  facilities.
    2-2              (3)  "Public accommodation" or "public association"
    2-3  means an accommodation or association that, within the calendar
    2-4  year preceding the year in which a violation of Section 137.002
    2-5  occurs:
    2-6                    (A)  had more than 50 customers, clients,
    2-7  patrons, or members; and
    2-8                    (B)  received, directly or indirectly, dues or
    2-9  other payments in excess of $100,000 for the provision of goods,
   2-10  services, facilities, privileges, or advantages.
   2-11        Sec. 137.002.  DISCRIMINATION PROHIBITED.  Except as provided
   2-12  by Section 137.003, a public accommodation or public association
   2-13  may not deny any person full and equal enjoyment of goods,
   2-14  services, facilities, privileges, or advantages provided by the
   2-15  accommodation or association because of the race, color, religion,
   2-16  creed, national origin, or sex of the person.
   2-17        Sec. 137.003.  EXCEPTION.  An accommodation or association
   2-18  that discriminates against a person in a manner prohibited by
   2-19  Section 137.002 does not violate that section if:
   2-20              (1)  it was formed, in whole or in part, for the
   2-21  purpose of advocating a point of view, and the discrimination is
   2-22  necessary to the advocacy of the point of view;
   2-23              (2)  it is a religious accommodation or association and
   2-24  the discrimination is necessary to the full and free exercise of
   2-25  its religious beliefs, customs, or practices; or
   2-26              (3)  in discrimination based on sex, it is an
   2-27  accommodation or association in which males or females are
    3-1  partially or wholly unclothed, and there is no alternative means of
    3-2  protecting the privacy of the customers, clients, patrons, members,
    3-3  or their guests.
    3-4        Sec. 137.004.  CRIMINAL PENALTY.  (a)  A person commits an
    3-5  offense if the person knowingly violates Section 137.002.
    3-6        (b)  An offense under this section is a Class B misdemeanor.
    3-7        Sec. 137.005.  CIVIL ACTION.  (a)  Any person aggrieved by a
    3-8  violation or threatened violation of Section 137.002 may bring a
    3-9  civil action to enjoin the violation or threatened violation, to
   3-10  recover damages arising from the violation or threatened violation,
   3-11  or both.
   3-12        (b)  A district, county, or municipal attorney or the
   3-13  attorney general may sue to enjoin a violation or threatened
   3-14  violation of Section 137.002.
   3-15        Sec. 137.006.  STATUTORY DAMAGES.  (a)  A court shall
   3-16  authorize the trier of fact in a civil action under this chapter to
   3-17  award statutory damages to the plaintiff if the plaintiff:
   3-18              (1)  establishes a violation of Section 137.002; and
   3-19              (2)  does not prove actual damages in excess of
   3-20  $10,000.
   3-21        (b)  The trier of fact may not award statutory damages under
   3-22  this section in an amount greater than $10,000.
   3-23        Sec. 137.007.  CONTEMPT.  A court may punish a person who
   3-24  violates a temporary or permanent injunctive order issued by the
   3-25  court under this chapter for contempt by:
   3-26              (1)  a fine of not less than $1,000 and not more than
   3-27  $10,000;
    4-1              (2)  confinement in jail for a term of not less than 10
    4-2  days and not more than 30 days; or
    4-3              (3)  both.
    4-4        Sec. 137.008.  ATTORNEY'S FEES AND COSTS.  A court may award
    4-5  a plaintiff who prevails in an action under this chapter reasonable
    4-6  attorney's fees and costs.
    4-7        SECTION 2.  This Act takes effect September 1, 1995, and
    4-8  applies only to discriminatory conduct occurring on or after that
    4-9  date.
   4-10        SECTION 3.  The importance of this legislation and the
   4-11  crowded condition of the calendars in both houses create an
   4-12  emergency and an imperative public necessity that the
   4-13  constitutional rule requiring bills to be read on three several
   4-14  days in each house be suspended, and this rule is hereby suspended.