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A BILL TO BE ENTITLED
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AN ACT
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relating to a restriction on certain accommodations in accessible |
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hotel guest rooms; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 769 to read as follows: |
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CHAPTER 769. ACCOMMODATIONS IN ACCESSIBLE HOTEL GUEST ROOMS |
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Sec. 769.001. DEFINITION. In this chapter, "hotel" means a |
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building in which members of the public obtain sleeping |
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accommodations for consideration, including a hotel, motel, |
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tourist home, tourist house, tourist court, hostel, lodging house, |
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rooming house, or inn. The term does not include: |
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(1) a hospital, sanitarium, or nursing home; or |
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(2) a building in which all or substantially all of the |
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occupants have the right to use or possess their sleeping |
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accommodations for at least 28 consecutive days. |
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Sec. 769.002. RESTRICTION ON CERTAIN ACCOMMODATIONS. An |
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owner or operator of a hotel may not offer for rent in this state a |
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room in the owner's or operator's hotel that is designated as an |
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accessible hotel guest room in compliance with the federal |
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Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) |
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unless the height of each bed in the room is not more than 19.5 |
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inches, measured from the floor to the top surface of the mattress. |
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Sec. 769.003. CIVIL PENALTY. (a) A person who violates |
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this chapter is subject to a civil penalty of: |
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(1) not less than $500 or more than $3,000 for the |
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first violation; |
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(2) not less than $1,500 or more than $4,000 for the |
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second violation; |
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(3) not less than $2,500 or more than $5,000 for the |
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third violation; and |
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(4) $5,000 for each subsequent violation. |
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(b) Each day the violation continues or occurs constitutes a |
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separate violation for the purposes of assessing a civil penalty |
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under this section. |
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(c) In determining the amount of the civil penalty, the |
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court hearing the matter shall consider: |
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(1) the person's history of previous violations; |
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(2) the seriousness of the violation; |
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(3) the amount necessary to deter future violations; |
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(4) the demonstrated good faith of the person charged; |
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and |
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(5) any other matter as justice may require. |
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(d) The attorney general or the appropriate district or |
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county attorney, in the name of the state, may bring an action under |
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this section in a district court of Travis County or of a county in |
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which the violation occurs. |
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(e) A civil penalty recovered in a suit instituted by a |
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local government under this chapter shall be paid to the local |
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government. |
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(f) The attorney general or the appropriate district or |
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county attorney may recover reasonable expenses, including |
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investigative costs, reasonable attorney's fees, witness fees, and |
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deposition expenses, incurred in obtaining a civil penalty under |
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this section. |
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SECTION 2. This Act takes effect September 1, 2015. |