ZEM H.B. 2836 75(R)BILL ANALYSIS CIVIL PRACTICES H.B. 2836 By: Thompson 4-30-97 Committee Report (Unamended) BACKGROUND Since 1992, the Texas Department of Public Safety has recorded more than 1600 hate crimes in Texas. Victims often spend a great deal of money and time attending multiple trials and parole hearings for the perpetrators of these crimes and approximately 25% of all hate crimes recorded are property offenses. Several states have passed laws which allow civil penalties for hate crimes. Civil penalties permit hate crime victims to recuperate some of the costs associated with the hate crimes committed against them. PURPOSE The purpose of this bill is to create civil liability for damages arising from the commission of "hate crimes". RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 6, Civil Practice and Remedies Code, by adding Chapter 140 as follows: CHAPTER 140. REMEDIES FOR AND PROTECTIONS AGAINST HATEFUL ACTS Sec. 140.001. Defines "Claimant" and "Defendant" for this chapter. Sec. 140.002 Provides that an individual in this state has the right to be free of acts of violence or intimidation by threats of violence, committed against the person because of a person's or a person's perceived race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability. Sec. 140.003. Provides that a person whose rights as defined by Section 140.002 are interfered with may commence in the person's name an action for: damages to the individual; exemplary damages, and injunctive relief. Also provides for the award of attorney fees. Sec. 140.004. Provides that a state, county or municipal attorney may seek injunctive or other appropriate relief to protect the rights defined in Section 140.002 of this chapter. Sec. 140.005. Provides that an action under this chapter may not be based solely on the contents of a defendant's speech unless: the speech itself threatens violence against a specific individual or a group of individuals; the individual or group threatened reasonably fears that content of the speech will incite violence against the individual, group, or their property; and that the individual threatening violence had the apparent ability to carry out the threat. Provides that a court may not issue an order restricting the content of a defendants speech, however the court may restrict the time, place, or manner only to the extent necessary to protect the rights of an individual as defined in Section 140.002, in a manner consistent with the constitutional rights of the defendant. Sec. 140.006. Provides that an action under this section may be brought in a district or county court. Sec. 140.007. Provides that an order issued under this chapter is enforceable by contempt, prosecution under 22.11, Penal Code, or both. Sec. 140.008. Provides that an order for relief under this chapter must contain a warning of the penalties for violation of the order. Sec. 140.009. Requires the court to notify appropriate law enforcement agencies of relief ordered under this chapter. Sec. 140.010. Clarifies that an action under this chapter is independent of any other remedy or procedure available to the claimant. SECTION 2. Amends Chapter 22, Penal Code, by adding Section 22.11, as follows: Sec. 22.11. Violation Of Order Enjoining Hateful Acts. (a) Makes violation of a court order under Chapter 140, Civil Practices and Remedies Code, a criminal offense. (b) Classifies the offense a Class B misdemeanor, subject to enhancement. SECTION 3. Effective date: September 1, 1997. Applies prospectively; savings clause. SECTION 4. Emergency Clause.