By Lewis of Tarrant, Chavez, et al. H.B. No. 2482
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to equal access to places of public accommodation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 4, Civil Practice and Remedies Code, is
1-5 amended by adding Chapter 92 to read as follows:
1-6 CHAPTER 92. PUBLIC ACCOMMODATIONS
1-7 Sec. 92.001. DEFINITION. In this chapter, "public
1-8 accommodation" means a business or other entity that offers to the
1-9 general public food, shelter, recreation, or amusement, or any
1-10 other goods, service, privilege, facility, or accommodation.
1-11 Sec. 92.002. EQUAL ACCESS GUARANTEED. (a) A person that
1-12 owns or operates a public accommodation may not restrict an
1-13 individual from access or admission to the accommodation or
1-14 otherwise prevent the individual from using the accommodation
1-15 solely:
1-16 (1) because of the race, creed, sex, religion, or
1-17 national origin of the individual; or
1-18 (2) because the individual:
1-19 (A) operates a motorcycle;
1-20 (B) is a member of an organization or
1-21 association that operates motorcycles; or
1-22 (C) wears clothing that displays the name of an
1-23 organization or association.
1-24 (b) This section does not prohibit a person that owns or
2-1 operates a public accommodation from denying to an individual
2-2 access or admission to or use of the accommodation if:
2-3 (1) the conduct of the individual poses a risk to the
2-4 health or safety of another person or a risk to the safety of
2-5 another person's property; or
2-6 (2) the person's clothing does not conform with a
2-7 dress code that is:
2-8 (A) in effect at the public accommodation;
2-9 (B) stated clearly; and
2-10 (C) not designed to exclude a particular
2-11 individual or group of individuals.
2-12 Sec. 92.003. INJUNCTIVE RELIEF; DAMAGES. (a) On
2-13 application of any person, a court may enjoin a violation of this
2-14 chapter.
2-15 (b) A person who is injured by a violation of this chapter
2-16 may bring a cause of action for injunctive relief under Subsection
2-17 (a), or for damages, or for both injunctive relief and damages. In
2-18 an action for damages, the person may recover:
2-19 (1) actual damages incurred by the person, if any; and
2-20 (2) exemplary damages in an amount not to exceed
2-21 $5,000.
2-22 (c) A person who brings an action under Subsection (a) or
2-23 (b) and who prevails in the action is entitled to reasonable
2-24 attorney's fees and court costs.
2-25 Sec. 92.004. EXEMPTION. This chapter does not apply to a
2-26 private or independent institution of higher education, as that
2-27 term is defined by Section 61.003, Education Code.
3-1 Sec. 92.005. REMEDIES CUMULATIVE. The remedies established
3-2 under this chapter are cumulative of any other rights or remedies
3-3 established by law.
3-4 SECTION 2. This Act takes effect September 1, 1999.
3-5 SECTION 3. This Act applies only to a cause of action that
3-6 accrues on or after the effective date of this Act. A cause of
3-7 action that accrues before the effective date of this Act is
3-8 governed by the law as it existed immediately before the effective
3-9 date of this Act, and that law is continued in effect for this
3-10 purpose.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.