1-1     By:  Lewis of Tarrant, Chavez                          H.B. No. 259
 1-2          (Senate Sponsor - Armbrister)
 1-3           (In the Senate - Received from the House April 27, 2001;
 1-4     April 30, 2001, read first time and referred to Committee on
 1-5     Business and Commerce; May 10, 2001, reported adversely, with
 1-6     favorable Committee Substitute by the following vote:  Yeas 6, Nays
 1-7     0; May 10, 2001, sent to printer.)
 1-8     COMMITTEE SUBSTITUTE FOR H.B. No. 259                   By:  Carona
 1-9                            A BILL TO BE ENTITLED
1-10                                   AN ACT
1-11     relating to equal access to places of public accommodation.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Title 4, Civil Practice and Remedies Code, is
1-14     amended by adding Chapter 91 to read as follows:
1-15                     CHAPTER 91.  PUBLIC ACCOMMODATIONS
1-16           Sec. 91.001.  DEFINITION. In this chapter, "public
1-17     accommodation" means a business or other entity that offers to the
1-18     general public food, shelter, recreation, or amusement, or any
1-19     other goods, service, privilege, facility, or accommodation.
1-20           Sec. 91.002.  EQUAL ACCESS GUARANTEED. (a)  A person that
1-21     owns or operates a public accommodation may not restrict an
1-22     individual from access or admission to the accommodation or
1-23     otherwise prevent the individual from using the accommodation
1-24     solely:
1-25                 (1)  because of the race, creed, sex, religion, or
1-26     national origin of the individual; or
1-27                 (2)  because the individual:
1-28                       (A)  operates a motorcycle;
1-29                       (B)  is a member of an organization or
1-30     association that operates motorcycles; or
1-31                       (C)  wears clothing that displays the name of an
1-32     organization or association.
1-33           (b)  This section does not prohibit a person that owns or
1-34     operates a public accommodation from denying to an individual
1-35     access or admission to or use of the accommodation if:
1-36                 (1)  the conduct of the individual poses a risk to the
1-37     health or safety of another person or a risk to the safety of
1-38     another person's property; or
1-39                 (2)  the person's clothing does not conform with a
1-40     dress code that is:
1-41                       (A)  in effect at the public accommodation;
1-42                       (B)  stated clearly; and
1-43                       (C)  not designed to exclude a particular
1-44     individual or group of individuals.
1-45           (c)  This section does not prevent the owner or operator of a
1-46     public accommodation from prohibiting the parking of a motorcycle
1-47     in a vehicle parking space if on the owner's property the owner
1-48     also provides a reasonably located area designated for motorcycle
1-49     parking.
1-50           Sec. 91.003.  EXEMPTIONS.  (a)  This chapter does not apply
1-51     to a private or independent institution of higher education, as
1-52     that term is defined by Section 61.003, Education Code.
1-53           (b)  This chapter does not apply to a student while
1-54     attending:
1-55                 (1)  a private or public middle school, junior high
1-56     school, or high school; or
1-57                 (2)  an activity or event sponsored by a school
1-58     described by Subdivision (1).
1-59           SECTION 2.  This Act takes effect September 1, 2001.
1-60                                  * * * * *