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.