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.