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.