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