HBA-DMH, NRS H.B. 259 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 259
By: Lewis, Glenn
Civil Practices
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

The United States Constitution confers to an individual or group the
opportunity to full and equal privileges and services in all public
businesses and establishments, regardless of gender, race, color, religion,
national origin, or physical disability.  Members of a club, organization,
or social group do not necessarily receive the same equal protection as
racial and religious group members.  Certain groups experience
discrimination, in particular motorcycle enthusiasts who often adopt a
common dress which readily identifies them as members of a group or club.
House Bill 259 prohibits an establishment, normally accessed by the general
public for certain accommodations, from denying access or admission to
group members because they operate a motorcycle or wear clothing that
displays the name of an organization or association that operates
motorcycles.  The bill provides for a cause of action if accommodations are
denied based on apparel or clothing which displays the name of an
organization or association identifying them as motorcycle operators. 

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. 

ANALYSIS

House Bill 259 amends the Civil Practice and Remedies Code to prohibit a
person that owns or operates a public accommodation from restricting an
individual from access or admission to the accommodation or otherwise
preventing 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 any organization or association. The bill does not prohibit a
person that owns or operates a public accommodation from denying an
individual access or admission to or use of the accommodation if the
conduct of the individual poses a risk to the health or safety of another
person or risk to the safety of another person's property. The bill does
not prohibit a person that owns or operates a public accommodation from
denying to an individual access or admission to or use of the accommodation
if the person's clothing does not conform with a dress code that is in
effect at the public accommodation, the code is stated clearly, and the
code is not designed to exclude a particular individual or group of
individuals. 

On application of any person, the bill authorizes a court to enjoin a
violation committed by a public accommodation. The bill authorizes a person
who is injured by such a violation to bring a cause of action for
injunctive relief, or for damages, or for both injunctive relief and
damages. In an action for damages, the bill authorizes the person recover
actual damages incurred, if any, and exemplary damages in an amount not to
exceed $5,000. The bill provides that a person who brings such action and
who prevails in the action is also entitled to reasonable attorney's fees
and court costs. The bill sets forth that provisions related to public
accommodations do not apply to a private or independent institution of
higher education.   

EFFECTIVE DATE

September 1, 2001.