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.