1-1 By: West S.B. No. 924
1-2 (In the Senate - Filed March 6, 1995; March 7, 1995, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 11, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 7, Nays 6; April 11, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: West
1-7 Amend S.B. No. 924 as follows:
1-8 (1) In SECTION 1 of the bill in proposed Section 137.001
1-9 (3)(A) (page 2, line 6, introduced bill; page 1, line 41, committee
1-10 printing), strike "50" and substitute "250".
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to discrimination by certain accommodations and
1-14 associations; imposing civil and criminal penalties.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-17 amended by adding Chapter 137 to read as follows:
1-18 CHAPTER 137. DISCRIMINATION BY
1-19 PUBLIC ACCOMMODATION OR PUBLIC ASSOCIATION
1-20 Sec. 137.001. DEFINITIONS. In this chapter:
1-21 (1) "Accommodation" or "association" means an entity
1-22 that provides goods, services, facilities, privileges, or
1-23 advantages to its customers, clients, patrons, or members or to the
1-24 guests of its customers, clients, patrons, or members.
1-25 (2) "Goods, services, facilities, privileges, or
1-26 advantages" means:
1-27 (A) food or beverages;
1-28 (B) lodging;
1-29 (C) exhibitions;
1-30 (D) entertainment;
1-31 (E) live, broadcast, or recorded meetings;
1-32 (F) meeting rooms;
1-33 (G) reading rooms;
1-34 (H) social gatherings; or
1-35 (I) sports or exercise equipment, areas, or
1-36 facilities.
1-37 (3) "Public accommodation" or "public association"
1-38 means an accommodation or association that, within the calendar
1-39 year preceding the year in which a violation of Section 137.002
1-40 occurs:
1-41 (A) had more than 50 customers, clients,
1-42 patrons, or members; and
1-43 (B) received, directly or indirectly, dues or
1-44 other payments in excess of $100,000 for the provision of goods,
1-45 services, facilities, privileges, or advantages.
1-46 Sec. 137.002. DISCRIMINATION PROHIBITED. Except as provided
1-47 by Section 137.003, a public accommodation or public association
1-48 may not deny any person full and equal enjoyment of goods,
1-49 services, facilities, privileges, or advantages provided by the
1-50 accommodation or association because of the race, color, religion,
1-51 creed, national origin, or sex of the person.
1-52 Sec. 137.003. EXCEPTION. An accommodation or association
1-53 that discriminates against a person in a manner prohibited by
1-54 Section 137.002 does not violate that section if:
1-55 (1) it was formed, in whole or in part, for the
1-56 purpose of advocating a point of view, and the discrimination is
1-57 necessary to the advocacy of the point of view;
1-58 (2) it is a religious accommodation or association and
1-59 the discrimination is necessary to the full and free exercise of
1-60 its religious beliefs, customs, or practices; or
1-61 (3) in discrimination based on sex, it is an
1-62 accommodation or association in which males or females are
1-63 partially or wholly unclothed, and there is no alternative means of
1-64 protecting the privacy of the customers, clients, patrons, members,
1-65 or their guests.
1-66 Sec. 137.004. CRIMINAL PENALTY. (a) A person commits an
1-67 offense if the person knowingly violates Section 137.002.
1-68 (b) An offense under this section is a Class B misdemeanor.
2-1 Sec. 137.005. CIVIL ACTION. (a) Any person aggrieved by a
2-2 violation or threatened violation of Section 137.002 may bring a
2-3 civil action to enjoin the violation or threatened violation, to
2-4 recover damages arising from the violation or threatened violation,
2-5 or both.
2-6 (b) A district, county, or municipal attorney or the
2-7 attorney general may sue to enjoin a violation or threatened
2-8 violation of Section 137.002.
2-9 Sec. 137.006. STATUTORY DAMAGES. (a) A court shall
2-10 authorize the trier of fact in a civil action under this chapter to
2-11 award statutory damages to the plaintiff if the plaintiff:
2-12 (1) establishes a violation of Section 137.002; and
2-13 (2) does not prove actual damages in excess of
2-14 $10,000.
2-15 (b) The trier of fact may not award statutory damages under
2-16 this section in an amount greater than $10,000.
2-17 Sec. 137.007. CONTEMPT. A court may punish a person who
2-18 violates a temporary or permanent injunctive order issued by the
2-19 court under this chapter for contempt by:
2-20 (1) a fine of not less than $1,000 and not more than
2-21 $10,000;
2-22 (2) confinement in jail for a term of not less than 10
2-23 days and not more than 30 days; or
2-24 (3) both.
2-25 Sec. 137.008. ATTORNEY'S FEES AND COSTS. A court may award
2-26 a plaintiff who prevails in an action under this chapter reasonable
2-27 attorney's fees and costs.
2-28 SECTION 2. This Act takes effect September 1, 1995, and
2-29 applies only to discriminatory conduct occurring on or after that
2-30 date.
2-31 SECTION 3. The importance of this legislation and the
2-32 crowded condition of the calendars in both houses create an
2-33 emergency and an imperative public necessity that the
2-34 constitutional rule requiring bills to be read on three several
2-35 days in each house be suspended, and this rule is hereby suspended.
2-36 * * * * *