SRC-JLB S.B. 350 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 350
78R4231 SGA-DBy: Armbrister
Jurisprudence
2/20/2003
As Filed


DIGEST AND PURPOSE 

The United States Constitution confers to an individual or group the
opportunity to full and equal privileges and services in all public
businesses and establishments, regardless of gender, race, color,
religion, national origin, or physical disability.  Members of a club,
organization, or social group do not necessarily receive the same equal
protection as racial and religious group members.  Some feel that certain
groups experience discrimination, in particular motorcycle enthusiasts who
often adopt a common dress which readily identifies them as members of a
group or club.   

As proposed, S.B. 350 prohibits an establishment, normally accessed by the
general public for certain accommodations, from denying access or
admission to group members, because said members operate a motorcycle or
wear clothing that displays the name of an organization or association
that operates motorcycles.  This bill provides for a cause of action if
accommodations are denied based on apparel or clothing which displays the
name of an organization or association identifying them as motorcycle
operators. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4, Civil Practice and Remedies Code, by adding
Chapter 100, as follows: 

CHAPTER 100.  PUBLIC ACCOMMODATIONS

 Sec.  100.001.  DEFINITION.  Defines "public accommodation."

Sec.  100.002.  EQUAL ACCESS GUARANTEED.  (a) Prohibits a person that owns
or operates a public accommodation from restricting an individual from
access or admission to the accommodation or otherwise prevent the
individual from using the accommodation based solely on certain factors. 

(b) Provides that this section does not prohibit a person that owns or
operates a public accommodation from denying to an individual access or
admission to or use of the accommodation under certain circumstances. 

(c) Provides that this section does not prevent the owner or operator of a
public accommodation from prohibiting the parking of a motorcycle in a
vehicle parking space if on the owner's property the owner also provides a
reasonably located area designated for motorcycle parking. 

Sec.  100.003.  INJUNCTIVE RELIEF;  DAMAGES.  (a) Authorizes a court to
enjoin a violation of this chapter on application of any person. 
 
(b) Authorizes a person who is injured by a violation of this chapter to
bring a cause of action for injunctive relief under Subsection (a), or for
damages, or for both injunctive relief and damages.  Authorizes the person
in an action for damages to recover actual damages incurred by the person,
if any, and exemplary damages in an amount not to exceed $500. 

(c) Provides that a person who brings an action under Subsection (a) or
(b) and who prevails in the action is entitled to reasonable attorney's
fees and court costs. 

Sec.  100.004.  EXEMPTIONS.  (a) Provides that this chapter does not apply
to a private or independent institution of higher education, as that term
is defined by Section 61.003, Education Code. 

  (b) Provides that this chapter does not apply to a student while
attending a private or public middle school, junior high school, or high
school, or an activity or event sponsored by such a school. 

Sec.  100.005.  REMEDIES CUMULATIVE.  Provides that the remedies
established under this chapter are cumulative of any other rights or
remedies established by law. 

SECTION 2.  Effective date:  September 1, 2003.

SECTION 3.  Makes application of this Act prospective.