By Lewis of Tarrant, Chavez H.B. No. 259 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 91 to read as follows: 1-6 CHAPTER 91. PUBLIC ACCOMMODATIONS 1-7 Sec. 91.001. 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. 91.002. 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. 91.003. 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. 91.004. EXEMPTIONS. (a) This chapter does not apply 2-26 to a private or independent institution of higher education, as 2-27 that term is defined by Section 61.003, Education Code. 3-1 (b) This chapter does not apply to a student while 3-2 attending: 3-3 (1) a private or public middle school, junior high 3-4 school, or high school; or 3-5 (2) an activity or event sponsored by a school 3-6 described by Subdivision (1). 3-7 Sec. 91.005. REMEDIES CUMULATIVE. The remedies established 3-8 under this chapter are cumulative of any other rights or remedies 3-9 established by law. 3-10 SECTION 2. This Act takes effect September 1, 2001. 3-11 SECTION 3. This Act applies only to a cause of action that 3-12 accrues on or after the effective date of this Act. A cause of 3-13 action that accrues before the effective date of this Act is 3-14 governed by the law as it existed immediately before the effective 3-15 date of this Act and that law is continued in effect for that 3-16 purpose.