78R4231 SGA-D

By:  Armbrister                                                   S.B. No. 350



A BILL TO BE ENTITLED

AN ACT

relating to equal access to places of public accommodation.                   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Title 4, Civil Practice and Remedies Code, is 
amended by adding Chapter 100 to read as follows:

CHAPTER 100.  PUBLIC ACCOMMODATIONS
	Sec. 100.001.  DEFINITION.  In this chapter, "public 
accommodation" means a business or other entity that offers to the 
general public food, shelter, recreation, or amusement, or any 
other goods, service, privilege, facility, or accommodation.
	Sec. 100.002.  EQUAL ACCESS GUARANTEED.  (a)  A person that 
owns or operates a public accommodation may not restrict an 
individual from access or admission to the accommodation or 
otherwise prevent the individual from using the accommodation 
solely:
		(1)  because of the race, creed, sex, religion, or 
national origin of the individual; or
		(2)  because the individual:                                           
			(A)  operates a motorcycle;                                           
			(B)  is a member of an organization or association 
that operates motorcycles; or
			(C)  wears clothing that displays the name of an 
organization or association.
	(b)  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 if:
		(1)  the conduct of the individual poses a risk to the 
health or safety of another person or a risk to the safety of 
another person's property; or
		(2)  the person's clothing does not conform with a dress 
code that is:
			(A)  in effect at the public accommodation;                           
			(B)  stated clearly; and                                              
			(C)  not designed to exclude a particular 
individual or group of individuals.
	(c)  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)  On 
application of any person, a court may enjoin a violation of this 
chapter.
	(b)  A person who is injured by a violation of this chapter 
may bring a cause of action for injunctive relief under Subsection 
(a), or for damages, or for both injunctive relief and damages. In 
an action for damages, the person may recover:
		(1)  actual damages incurred by the person, if any; and                
		(2)  exemplary damages in an amount not to exceed $500.                
	(c)  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)  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)  This chapter does not apply to a student while 
attending:        
		(1)  a private or public middle school, junior high 
school, or high school; or
		(2)  an activity or event sponsored by a school 
described by Subdivision (1).
	Sec. 100.005.  REMEDIES CUMULATIVE.  The remedies 
established under this chapter are cumulative of any other rights 
or remedies established by law.
	SECTION 2.   This Act takes effect September 1, 2003.                          
	SECTION 3.   This Act applies only to a cause of action that 
accrues on or after the effective date of this Act.  A cause of 
action that accrues before the effective date of this Act is 
governed by the law as it existed immediately before the effective 
date of this Act and that law is continued in effect for that 
purpose.