By Thompson H.B. No. 148 76R1273 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to providing individuals remedies for and protections 1-3 against certain hateful acts; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 140 to read as follows: 1-7 CHAPTER 140. REMEDIES FOR AND PROTECTIONS 1-8 AGAINST HATEFUL ACTS 1-9 Sec. 140.001. DEFINITIONS. In this chapter: 1-10 (1) "Claimant" means a party seeking the relief 1-11 provided by this chapter, including a plaintiff, counterclaimant, 1-12 cross-claimant, or third-party plaintiff. 1-13 (2) "Defendant" includes any party from whom a 1-14 claimant seeks relief under this chapter. 1-15 Sec. 140.002. RIGHT TO BE FREE FROM HATEFUL ACTS. An 1-16 individual in this state has the right to be free from an act of 1-17 violence, or intimidation by threat of violence, committed against 1-18 the person or property of the individual because: 1-19 (1) of the individual's race, color, religion, 1-20 ancestry, national origin, political affiliation, sex, sexual 1-21 orientation, age, or disability; or 1-22 (2) another person perceives the individual to have 1-23 one or more of the characteristics listed under Subdivision (1). 1-24 Sec. 140.003. ACTION BY INDIVIDUAL. (a) An individual 2-1 whose exercise or enjoyment of the right secured by Section 140.002 2-2 is interfered with by a person, whether or not acting under color 2-3 of law, by threat, intimidation, or coercion, or by an attempt to 2-4 interfere by threat, intimidation, or coercion may commence, in the 2-5 individual's own name, an action for: 2-6 (1) damages to the individual arising from the actions 2-7 of the defendant in violating the peaceable exercise or enjoyment 2-8 by the individual of the right secured by Section 140.002; 2-9 (2) exemplary damages as provided under Chapter 41; 2-10 and 2-11 (3) injunctive relief or any other appropriate relief 2-12 to protect the peaceable exercise or enjoyment of the right secured 2-13 by Section 140.002. 2-14 (b) A court shall award a claimant who prevails in an action 2-15 under this chapter reasonable attorney's fees incurred in bringing 2-16 the action. 2-17 Sec. 140.004. ACTION BY STATE OR LOCAL ATTORNEY. The 2-18 attorney general, a district attorney, a criminal district 2-19 attorney, a county attorney, or a municipal attorney may bring an 2-20 action for injunctive relief or other appropriate relief, including 2-21 attorney's fees, to protect the peaceable exercise or enjoyment by 2-22 an individual of the right secured by Section 140.002. 2-23 Sec. 140.005. CONTENT OF SPEECH. (a) An action under this 2-24 chapter may not be based solely on the contents of the speech of 2-25 the defendant unless it is shown that: 2-26 (1) the speech itself threatens violence against a 2-27 specific individual or group of individuals; 3-1 (2) the individual or group against whom the threat is 3-2 directed reasonably fears that, because of the contents of the 3-3 speech, violence will be committed against the individual or the 3-4 group or the property of the individual or group; and 3-5 (3) the defendant threatening violence had the 3-6 apparent ability to carry out the threat. 3-7 (b) A court may not issue an order under this chapter that 3-8 restricts the content of any defendant's speech. 3-9 (c) The court may issue an order that restricts the time, 3-10 place, or manner of the defendant's speech only to the extent: 3-11 (1) reasonably necessary to protect the peaceable 3-12 exercise or enjoyment by an individual of the right secured by 3-13 Section 140.002; and 3-14 (2) consistent with the constitutional rights of the 3-15 defendant. 3-16 Sec. 140.006. FORUM. An action under this chapter may be 3-17 brought in a district or county court. 3-18 Sec. 140.007. ENFORCEMENT. An order issued under this 3-19 chapter is enforceable by contempt, prosecution under Section 3-20 22.11, Penal Code, or both. 3-21 Sec. 140.008. WARNING. An order for temporary or permanent 3-22 relief under this chapter must include the following statement: 3-23 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY 3-24 THIS ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY 3-25 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH." 3-26 Sec. 140.009. NOTIFICATION OF LAW ENFORCEMENT AGENCIES. (a) 3-27 A court that issues an order for temporary or permanent relief 4-1 under this chapter shall order the claimant or the attorney for the 4-2 claimant to deliver, or the clerk of the court to mail, two copies 4-3 of the order before the end of the day on which the order was 4-4 granted to: 4-5 (1) each local law enforcement agency designated by 4-6 the claimant or the attorney for the claimant as having 4-7 jurisdiction over the residence of the claimant; and 4-8 (2) any other location in which the court determines 4-9 that hateful acts against the claimant are likely to occur. 4-10 (b) A law enforcement agency that receives an order under 4-11 this section shall: 4-12 (1) serve a copy on the defendant; and 4-13 (2) provide to any law enforcement officer responding 4-14 to the scene of a reported hateful act against the claimant 4-15 information relating to the existence of, terms of, and current 4-16 status of the order. 4-17 (c) In this section, "order" includes any extension, 4-18 modification, or termination of the order. 4-19 Sec. 140.010. INDEPENDENT REMEDY. An action under this 4-20 chapter is independent of any other remedy or procedure that may be 4-21 available to the claimant. 4-22 SECTION 2. Chapter 22, Penal Code, is amended by adding 4-23 Section 22.11 to read as follows: 4-24 Sec. 22.11. VIOLATION OF ORDER ENJOINING HATEFUL ACTS. (a) 4-25 A person commits an offense if, in violation of an order for 4-26 temporary or permanent injunctive relief issued under Chapter 140, 4-27 Civil Practice and Remedies Code, the person knowingly violates the 5-1 order. 5-2 (b) An offense under this section is a Class B misdemeanor 5-3 unless it is shown on the trial of the offense that the defendant 5-4 has previously been convicted under this section two or more times, 5-5 in which event the offense is a Class A misdemeanor. 5-6 SECTION 3. This Act takes effect September 1, 1999, and 5-7 applies only to a cause of action that accrues on or after that 5-8 date. An action that accrued before the effective date of this Act 5-9 is governed by the law applicable to the action immediately before 5-10 the effective date of this Act, and that law is continued in effect 5-11 for that purpose. 5-12 SECTION 4. The importance of this legislation and the 5-13 crowded condition of the calendars in both houses create an 5-14 emergency and an imperative public necessity that the 5-15 constitutional rule requiring bills to be read on three several 5-16 days in each house be suspended, and this rule is hereby suspended.