SRC-TBR S.B. 287 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 287
77R1954 SGA-FBy: Armbrister
Business & Commerce
2/2/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law does not include individuals who are members of clubs,
organizations, and social groups as a protected class, as it does racial
and religious groups, among others.  As proposed, S.B. 287 provides equal
access to accommodations for members of a club, organizations or a social
group, whose membership in such an organizations may be distinguished by
their apparel or means of transportation. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4, Civil Practices and Remedies Code, by adding
Chapter 91 as follows: 

   CHAPTER 91.  PUBLIC ACCOMMODATIONS.  

  Sec. 91.001.  DEFINITION.  Defines "public accommodation."

Sec. 91.002.  EQUAL ACCESS GUARANTEED.  (a) Prohibits 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 meets certain
criteria. 

 (b)  States that the act 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 certain criteria are met. 

 Sec. 91.003.  INJUNCTIVE RELIEF; DAMAGES.  (a)  Authorizes a court, on
application of any person, to enjoin a violation of this chapter. 

 (b)  Authorizes a person who is injured by a violation of this chapter to
bring a cause of action for injunctive relief under Subsection (a), or for
damages, or for both injunctive relief and damages.  Provides that a person
may recover, in an action for damages, actual damages and limited exemplary
damages. 

 (c)  Provides that a person who brings an action under Subsection (a) or
(b) and who prevails in the action is entitled to reasonable attorney's
fees and court costs. 

Sec. 91.004.  EXEMPTION.  Exempts this chapter from applying to a private
or independent institution of higher education, as that term is defined by
Section 61.003 (Definitions), Education Code. 
 
SECTION 2.  Effective date: September 1, 2001.

SECTION 3.  Makes application of this Act prospective.