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A BILL TO BE ENTITLED
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AN ACT
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relating to equal access to places of public accommodation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 1006 to read as follows: |
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CHAPTER 1006. PUBLIC ACCOMMODATIONS |
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Sec. 1006.001. DEFINITION. In this chapter, "public |
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accommodation" means a business or other entity that offers to the |
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general public food, shelter, recreation, or amusement, or any |
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other goods, service, privilege, facility, or accommodation. |
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Sec. 1006.002. EQUAL ACCESS GUARANTEED. (a) A person that |
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owns or operates a public accommodation may not restrict an |
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individual from access or admission to the accommodation or |
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otherwise prevent the individual from using the accommodation |
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solely: |
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(1) because of the race, creed, sex, religion, or |
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national origin of the individual; or |
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(2) because the individual: |
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(A) operates a motorcycle; |
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(B) is a member of an organization or association |
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that operates motorcycles; or |
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(C) wears clothing that displays the name of an |
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organization or association. |
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(b) This section does not prohibit a person that owns or |
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operates a public accommodation from denying to an individual |
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access or admission to or use of the accommodation if: |
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(1) the conduct of the individual poses a risk to the |
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health or safety of another person or a risk to the safety of |
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another person's property; or |
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(2) the person's clothing does not conform with a dress |
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code that is: |
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(A) in effect at the public accommodation; |
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(B) stated clearly; and |
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(C) not designed to exclude a particular |
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individual or group of individuals. |
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(c) This section does not prevent the owner or operator of a |
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public accommodation from prohibiting the parking of a motorcycle |
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in a vehicle parking space if on the owner's property the owner also |
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provides a reasonably located area designated for motorcycle |
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parking. |
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Sec. 1006.003. INJUNCTIVE RELIEF; DAMAGES. (a) On |
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application of any person, a court may enjoin a violation of this |
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chapter. |
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(b) A person who is injured by a violation of this chapter |
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may bring a cause of action for injunctive relief under Subsection |
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(a), or for damages, or for both injunctive relief and damages. In |
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an action for damages, the person may recover: |
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(1) actual damages incurred by the person, if any; and |
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(2) exemplary damages in an amount not to exceed $500. |
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(c) A person who brings an action under Subsection (a) or |
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(b) and who prevails in the action is entitled to reasonable |
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attorney's fees and court costs. |
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Sec. 1006.004. EXEMPTIONS. (a) This chapter does not apply |
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to a private or independent institution of higher education, as |
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that term is defined by Section 61.003, Education Code. |
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(b) This chapter does not apply to a student while |
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attending: |
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(1) a private or public middle school, junior high |
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school, or high school; or |
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(2) an activity or event sponsored by a school |
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described by Subdivision (1). |
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Sec. 1006.005. REMEDIES CUMULATIVE. The remedies |
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established under this chapter are cumulative of any other rights |
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or remedies established by law. |
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SECTION 2. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |