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.