HBA-NIK C.S.H.B. 2482 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2482 By: Lewis, Glenn Civil Practices 4/19/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The United States Constitution, Bill of Rights, and Civil Rights Act, confer to any individual or group the opportunity to full and equal accommodations, advantages and facilities, privileges, and services in all public businesses and establishments, regardless of gender, race, color, religion, national origin, or physical disability. Current Texas law does not include individuals who are members of clubs, organizations, and social groups as a protected class, as it does racial groups and religious groups, among others. Texas citizens who are motorcycle enthusiasts often adopt a common dress which readily identifies them as members of such clubs and groups. C.S.H.B. 2482 provides equal access to accommodations for members of a motorcycle group, organized or not, whose general appearance, operation of a motorcycle or the wearing of clothing which displays the name of an organization may cause them to be liable to discrimination. This legislation creates a cause of action and a right to collect financial damages, if accommodations are denied based on apparel or clothing which displays the name of an organization or association, or clothing and apparel that identifies them as operators of motorcycles. This substitute also provides certain exemptions. 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 4, Civil Practice and Remedies Code, by adding Chapter 92, as follows: CHAPTER 92. PUBLIC ACCOMMODATIONS Sec. 92.001. DEFINITION. Defines "public accommodation" as a business or other entity that offers to the public food, shelter, recreation, or amusement, or any other goods, service, privilege, facility, or accommodation. Sec. 92.002. EQUAL ACCESS GUARANTEED. (a) Prohibits a person that owns or operates a public accommodation from restricting an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of an organization or association. (b) Provides that a person that owns or operates a public accommodation is not prohibited from denying access or admission to an individual if the conduct of the individual poses a risk to the health or safety of another person or if the person's clothing does not conform with a dress code that is in effect at the public accommodation, stated clearly, and not designed to exclude a particular individual or group of individuals. Sec. 92.003. INJUNCTIVE RELIEF; DAMAGES. Authorizes a court to enjoin a violation of this chapter on the application of any person. Authorizes a person who is injured by a violation of this chapter to bring a cause of action for injunctive relief or damages, or both injunctive relief and damages. Authorizes a person to recover the actual damages incurred by the person and exemplary damages in an amount not to exceed $5,000. Entitles a person who prevails in the action to reasonable attorney's fees and court costs. Sec. 92.004. EXEMPTION. Provides that this chapter does not apply to a private or independent institution of higher education, as that term is defined by Section 61.003 (Definitions), Education Code. SECTION 2. Effective date: September 1, 1999. SECTION 3. Makes application of this Act prospective. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2482 modifies the original bill in SECTION 1 by adding Section 92.004 (Exemption), to provide that this chapter does not apply to a private or independent institution of higher education, as that term is defined by Section 61.003 (Definitions), Education Code.