HBA-TYH H.B. 148 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 148
By: Thompson
Civil Practices
2/5/1999
Introduced



BACKGROUND AND PURPOSE 

Since 1992, the Texas Department of Public Safety has classified and
recorded more than 1,600 crimes as hate crimes in Texas.  Approximately 25
percent 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.  H.B. 148 provides
a right of freedom from hateful acts and provides relief and remedies for
those acts. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate 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.  DEFINITIONS.  Defines "claimant" and "defendant."
 
Sec. 140.002.  RIGHT TO BE FREE FROM HATEFUL ACTS.  Provides that an
individual in this state has the right to be free from an act of violence,
or intimidation by threat of violence, because of either the individual's
race, color, religion, ancestry, national origin, political affiliation,
sex, sexual orientation, age, disability, or if another person perceives
that an individual possesses one or more of these characteristics. 

Sec. 140.003.  ACTION BY INDIVIDUAL.  Provides that an individual may
commence an action against a person who, whether or not acting under color
of law, interferes with the enjoyment of a right secured by Section
140.002, for damages, including exemplary damages, and for injunctive
relief or any other appropriate relief to protect the individual's rights.
Requires a court to award a claimant who prevails in an action under this
chapter reasonable attorney's fees. 

Sec. 140.004.  ACTION BY STATE OR LOCAL ATTORNEY.  Authorizes state and
local prosecuting attorneys to bring an action for injunctive relief or
other appropriate relief, including attorney fees, to protect an
individual's right as secured by Section 140.002. 

Sec.140.005.  CONTENT OF SPEECH.  Prohibits an action under this chapter
from being based solely on the contents of a defendant's speech unless the
speech itself threatens violence against an individual or a group of
individuals, the individual or group of individuals against whom the threat
is directed reasonably fears that, due to the contents of the speech,
violence will be committed, and the defendant had the apparent ability to
carry out the threat.  Prohibits the court from issuing an order
restricting the content of a defendant's speech.  Authorizes the court to
issue an order restricting the time, place, or manner of a defendant's
speech only if it is reasonably necessary to protect an individual's  right
as secured by Section 140.002 and consistent with the constitutional rights
of the defendant. 

Sec. 140.006.  FORUM.  Authorizes an action under this chapter to be
brought in a district or county court. 

Sec. 140.007.  ENFORCEMENT.  Provides that an order issued under this
chapter is enforceable by contempt, prosecution under Section 22.11, Penal
Code, (Violation of Order Enjoining Hateful Acts), or both. 

Sec. 140.008.  WARNING. Sets forth the specific language relating to fine
and punishment that must be included in an order for temporary or permanent
relief. 

Sec. 140.009.  NOTIFICATION OF LAW ENFORCEMENT AGENCIES.  Requires a court
issuing an order for temporary or permanent relief to demand the delivery
of two copies of the order, before the end of the day on which the order
was granted, to each local law enforcement agency having jurisdiction over
the residence of the claimant and to any other location in which the court
determines that hateful acts against the claimant are likely to occur.
Requires a law enforcement agency that receives an order under this section
to serve a copy on the defendant and to provide any law enforcement officer
responding to the scene of a reported hateful act against the claimant with
information regarding the order.  Defines "order." 

Sec. 140.010.  INDEPENDENT REMEDY.  Provides that an action under this
chapter is independent of any other remedy or procedure that may be
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.  Provides that a
person commits an offense if a person knowingly violates an order under
this chapter. Provides that an offense  is a Class B misdemeanor, unless it
is shown on the trial of the offense that the defendant has previously been
convicted under this section two or more times, in which event the offense
is a Class A misdemeanor. 

SECTION 3.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.  Emergency clause.