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                               * * * * *