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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for actions alleging failure to comply with |
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certain standards to accommodate persons with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 121.004(b), Human Resources Code, is |
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amended to read as follows: |
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(b) In addition to the penalty provided in Subsection (a), a |
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person, including a firm, association, corporation, or other public |
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or private organization, or the agent of the person, who violates |
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the provisions of Section 121.003 is deemed to have deprived a |
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person with a disability of his or her civil liberties. Subject to |
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Section 121.0041, if applicable, the [The] person with a disability |
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deprived of his or her civil liberties may maintain an [a cause of] |
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action for damages in a court of competent jurisdiction, and there |
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is a conclusive presumption of damages in the amount of at least |
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$300 to the person with a disability. |
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SECTION 2. Chapter 121, Human Resources Code, is amended by |
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adding Section 121.0041 to read as follows: |
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Sec. 121.0041. PROCEDURES FOR CERTAIN ACTIONS; OPPORTUNITY |
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TO CURE. (a) In this section: |
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(1) "Claimant" means a person filing or intending to |
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file an action under Section 121.004(b). |
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(2) "Respondent" means the person against whom a |
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claimant files or intends to file an action under Section |
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121.004(b). |
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(b) This section applies only to an action under Section |
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121.004(b) alleging a failure to comply with applicable design, |
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construction, technical, or similar standards required under |
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Chapter 469, Government Code, or other applicable state or federal |
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laws that require compliance with specified design, construction, |
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technical, or similar standards, including Internet website |
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accessibility guidelines, to accommodate persons with |
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disabilities. |
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(c) Not later than the 60th day before the date an action to |
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which this section applies is filed, the claimant must give written |
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notice of the claim to the respondent. The notice may be given in a |
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manner prescribed for service of process in a civil action. The |
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written notice: |
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(1) must state: |
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(A) the name of the individual alleging a failure |
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to comply with applicable design, construction, technical, or |
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similar standards; |
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(B) in reasonable detail: |
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(i) each condition on the respondent's |
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premises or Internet website that does not comply with an |
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applicable design, construction, technical, or similar standard on |
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which the claim is based; and |
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(ii) each design, construction, technical, |
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or similar standard alleged to have been violated; and |
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(C) the time, place, and manner in which the |
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claimant discovered the alleged violation; and |
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(2) may not demand a sum of damages, request |
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settlement, or offer to settle the claim without a determination of |
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whether a condition stated in the notice is excused by law or may be |
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remedied. |
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(d) A respondent who has received a written notice under |
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Subsection (c) may correct the alleged violation before the |
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earliest date on which the claimant may file the action. |
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(e) A respondent who has corrected an alleged violation |
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shall provide a notice of the correction to the claimant that |
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describes each correction and the manner in which the correction |
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addresses the alleged violation. If the respondent concludes that |
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an alleged violation has not occurred and that a correction is not |
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necessary, the respondent shall provide the claimant an explanation |
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of the respondent's conclusion. The notice of correction or |
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explanation may be given in a manner prescribed for service of |
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process in a civil action. |
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(f) If a claimant files an action to which this section |
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applies, the claimant must establish by a preponderance of the |
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evidence that the respondent has not corrected one or more of the |
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alleged violations stated in the written notice provided under |
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Subsection (c). |
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(g) If an action is filed, the respondent may file a plea in |
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abatement and request an evidentiary hearing on the plea. The court |
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shall abate the action for a period not to exceed 60 days after the |
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date of the hearing if the court finds by a preponderance of the |
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evidence that: |
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(1) the respondent initiated action to correct the |
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alleged violation during the time allowed under Subsection (d); |
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(2) the respondent could not complete the corrections |
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within that time; and |
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(3) the corrections will be completed by the end of the |
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period of abatement. |
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(h) If a respondent has provided the notice of correction or |
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has completed corrections during a period of abatement under |
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Subsection (g): |
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(1) the claimant may file a motion to dismiss the |
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action without prejudice; or |
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(2) the respondent may file a motion for summary |
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judgment in accordance with the Texas Rules of Civil Procedure. |
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SECTION 3. This Act takes effect September 1, 2017. |