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.