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 * * * * *