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 (c) This section does not prevent the owner or operator of a 2-13 public accommodation from prohibiting the parking of a motorcycle 2-14 in a vehicle parking space if on the owner's property the owner 2-15 also provides a reasonably located area designated for motorcycle 2-16 parking. 2-17 Sec. 91.003. INJUNCTIVE RELIEF; DAMAGES. (a) On 2-18 application of any person, a court may enjoin a violation of this 2-19 chapter. 2-20 (b) A person who is injured by a violation of this chapter 2-21 may bring a cause of action for injunctive relief under Subsection 2-22 (a), or for damages, or for both injunctive relief and damages. In 2-23 an action for damages, the person may recover: 2-24 (1) actual damages incurred by the person, if any; and 2-25 (2) exemplary damages in an amount not to exceed $500. 2-26 (c) A person who brings an action under Subsection (a) or 2-27 (b) and who prevails in the action is entitled to reasonable 3-1 attorney's fees and court costs. 3-2 Sec. 91.004. EXEMPTIONS. (a) This chapter does not apply 3-3 to a private or independent institution of higher education, as 3-4 that term is defined by Section 61.003, Education Code. 3-5 (b) This chapter does not apply to a student while 3-6 attending: 3-7 (1) a private or public middle school, junior high 3-8 school, or high school; or 3-9 (2) an activity or event sponsored by a school 3-10 described by Subdivision (1). 3-11 Sec. 91.005. REMEDIES CUMULATIVE. The remedies established 3-12 under this chapter are cumulative of any other rights or remedies 3-13 established by law. 3-14 SECTION 2. This Act takes effect September 1, 2001. 3-15 SECTION 3. This Act applies only to a cause of action that 3-16 accrues on or after the effective date of this Act. A cause of 3-17 action that accrues before the effective date of this Act is 3-18 governed by the law as it existed immediately before the effective 3-19 date of this Act, and that law is continued in effect for that 3-20 purpose. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 259 was passed by the House on April 26, 2001, by a non-record vote; that the House refused to concur in Senate amendments to H.B. No. 259 on May 24, 2001, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 259 on May 27, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 259 was passed by the Senate, with amendments, on May 23, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 259 on May 27, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor