By Lewis of Tarrant                                    H.B. No. 259
         77R1954 SGA-F                           
                                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 because the individual:
1-16                 (1)  operates a motorcycle;
1-17                 (2)  is a member of an organization or association that
1-18     operates motorcycles; or
1-19                 (3)  wears clothing that displays the name of any
1-20     organization or association.
1-21           (b)  This section does not prohibit a person that owns or
1-22     operates a public accommodation from denying to an individual
1-23     access or admission to or use of the accommodation if:
1-24                 (1)  the conduct of the individual poses a risk to the
 2-1     health or safety of another person or a risk to the safety of
 2-2     another person's property; or
 2-3                 (2)  the person's clothing does not conform with a
 2-4     dress code that is:
 2-5                       (A)  in effect at the public accommodation;
 2-6                       (B)  stated clearly; and
 2-7                       (C)  not designed to exclude a particular
 2-8     individual or group of individuals.
 2-9           Sec. 91.003.  INJUNCTIVE RELIEF; DAMAGES.  (a)  On
2-10     application of any person, a court may enjoin a violation of this
2-11     chapter.
2-12           (b)  A person who is injured by a violation of this chapter
2-13     may bring a cause of action for injunctive relief under Subsection
2-14     (a), or for damages, or for both injunctive relief and damages. In
2-15     an action for damages, the person may recover:
2-16                 (1)  actual damages incurred by the person, if any; and
2-17                 (2)  exemplary damages in an amount not to exceed
2-18     $5,000.
2-19           (c)  A person who brings an action under Subsection (a) or
2-20     (b) and who prevails in the action is entitled to reasonable
2-21     attorney's fees and court costs.
2-22           Sec. 91.004.  EXEMPTION.  This chapter does not apply to a
2-23     private or independent institution of higher education, as that
2-24     term is defined by Section 61.003, Education Code.
2-25           SECTION 2.  This Act takes effect September 1, 2001.
2-26           SECTION 3.  This Act applies only to a cause of action that
2-27     accrues on or after the effective date of this Act.  A cause of
 3-1     action that accrues before the effective date of this Act is
 3-2     governed by the law as it existed immediately before the effective
 3-3     date of this Act and that law is continued in effect for that
 3-4     purpose.