By Dukes                                              H.B. No. 3748
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to discriminatory practices of certain clubs; providing
 1-3     remedies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 1, Business and Commerce Code, is amended
 1-6     by adding Chapter 1A to read as follows:
 1-7           Sec. 1A.101.  SHORT TITLE.  This chapter may be cited as the
 1-8     Uniform Commercial Code -- Discrimination Provisions.
 1-9           Sec. 1A.102.  DISCRIMINATORY PRACTICES OF CERTAIN CLUBS
1-10     PROHIBITED.  (a)  A club that has more than 100 members, that
1-11     provides regular meal service, and that regularly receives payment
1-12     for dues, fees, use of space, facilities, services, meals, or
1-13     beverages directly or indirectly from nonmembers for business
1-14     purposes, may not:
1-15                 (1)  discriminate against any individual because of
1-16     race, color, religion, gender, national origin, disability, age
1-17     above the age of 21, or sexual orientation in evaluating an
1-18     application for membership in the club; or
1-19                 (2)  publish, circulate, issue, display, post, or mail
1-20     any advertisement, notice, or solicitation that contains a
1-21     statement to the effect that the accommodations, advantages,
 2-1     facilities, membership, or privileges of the club are denied to any
 2-2     individual because of race, color, religion, gender, national
 2-3     origin, disability, age above the age of 21, or sexual orientation.
 2-4           (b)  A person acting on behalf of a club described in
 2-5     subsection (a) of this section is also prohibited from engaging in
 2-6     the actions described under subsection (a) of this section.
 2-7           Sec. 1A.103.  EXCEPTIONS.  This chapter does not apply to
 2-8     fraternal or benevolent organizations, ethnic clubs, or religious
 2-9     organizations where business activity is not prevalent.
2-10           Sec. 1A.104.  REMEDIES.  A person who has been discriminated
2-11     against in violation of this chapter may file a complaint with the
2-12     Commission on Human Rights or with the Office of Attorney General.
2-13           SECTION 2.  This Act takes effect September 1, 1999.
2-14           SECTION 3.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.