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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for asserting claims under the Americans |
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with Disabilities Act; 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 B, Title 2, Civil Practice and Remedies |
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Code, is amended by adding Chapter 27A to read as follows: |
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CHAPTER 27A. ACTIONS INVOLVING THE AMERICANS WITH DISABILITIES ACT |
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Sec. 27A.001. DEFINITIONS. In this chapter: |
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(1) "Americans with Disabilities Act" means the |
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Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et |
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seq.). |
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(2) "Claimant" means a person seeking relief under the |
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Americans with Disabilities Act. |
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(3) "Respondent" means the person against whom a |
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claimant is seeking relief under the Americans with Disabilities |
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Act. |
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Sec. 27A.002. APPLICABILITY. This chapter applies to a |
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claim under the Americans with Disabilities Act based on a |
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respondent's failure to comply with applicable design, |
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construction, technical, or other standards required by the |
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Americans with Disabilities Act, including complying with website |
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accessibility guidelines. |
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Sec. 27A.003. NOTICE OF INTENT TO FILE CLAIM. (a) |
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Notwithstanding any other law, before a claimant files an action |
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asserting a claim under the Americans with Disabilities Act, the |
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claimant must give notice to the respondent of intent to file the |
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claim. Notice required under this section must be made not later |
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than the 150th day before the date the action asserting the claim is |
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filed. |
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(b) The notice must state: |
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(1) the name of the individual asserting the claim |
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under the Americans with Disabilities Act and the specific |
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provision of the Americans with Disabilities Act that gives the |
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individual standing to file an action asserting the claim; |
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(2) each alleged violation of the Americans with |
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Disabilities Act, including each applicable statutory or |
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regulatory provision alleged to have been violated; |
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(3) each design, construction, technical, or other |
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standard alleged to have been violated; and |
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(4) the time, place, and manner in which the claimant |
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discovered the alleged violation. |
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(c) The notice may be given in a manner prescribed for |
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service of process in a civil action. |
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Sec. 27A.004. RIGHT TO CORRECT. A respondent who has |
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received a notice of intent to file a claim under Section 27A.003 |
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may correct an alleged violation of the Americans with Disabilities |
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Act before the earliest date on which the claimant may file an |
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action under Section 27A.003. |
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Sec. 27A.005. NOTICE OF CORRECTION OR OTHER EXPLANATION. |
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(a) A respondent who has corrected an alleged violation of the |
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Americans with Disabilities Act shall provide notice of the |
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correction to the claimant. |
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(b) The notice must describe each correction and the manner |
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in which the correction addresses the alleged violation. |
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(c) If the respondent concludes that the alleged violation |
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has not occurred and that a correction is not necessary, the |
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respondent shall provide the claimant an explanation of the |
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respondent's conclusion. |
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(d) The notice of correction or explanation may be given in |
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a manner prescribed for service of process in a civil action. |
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Sec. 27A.006. FILING AND ABATEMENT OF ACTION. (a) If a |
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claimant files an action asserting a claim under the Americans with |
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Disabilities Act, the claimant must establish by a preponderance of |
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the evidence that the respondent has not corrected one or more of |
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the alleged violations stated in the notice of intent to file a |
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claim provided under Section 27A.003. |
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(b) 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 from 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 Section 27A.004; |
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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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Sec. 27A.007. DISMISSAL OR CONTINUATION OF ACTION. If a |
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respondent has provided a notice of correction or has completed |
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corrections during a period of abatement under Section 27A.006: |
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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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Sec. 27A.008. BAD FAITH CLAIMS. (a) A claimant may not in |
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bad faith provide a notice of intent to file a claim under the |
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Americans with Disabilities Act. |
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(b) A notice of intent to file a claim is in bad faith if the |
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notice includes a claim that the respondent has violated the |
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Americans with Disabilities Act and is liable for that violation |
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and the notice: |
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(1) does not meet the requirements prescribed by |
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Section 27A.003; or |
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(2) describes a claim that is objectively baseless |
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because: |
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(A) the claimant does not have standing to file |
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an action asserting the claim under the Americans with Disabilities |
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Act; or |
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(B) the premises is not subject to the |
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requirements of the Americans with Disabilities Act. |
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Sec. 27A.009. ATTORNEY GENERAL ENFORCEMENT. (a) If the |
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attorney general believes that a person has violated or is |
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violating Section 27A.008, the attorney general may bring an action |
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on behalf of the state to enjoin the person from violating that |
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section. |
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(b) In addition to seeking an injunction under Subsection |
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(a), the attorney general may request and the court may order any |
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other relief that may be in the public interest, including: |
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(1) the imposition of a civil penalty in an amount not |
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to exceed $50,000 for each violation of Section 27A.008; |
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(2) an order requiring reimbursement to this state for |
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the reasonable value of investigating and prosecuting a violation |
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of Section 27A.008; and |
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(3) an order requiring restitution to a recipient of a |
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bad faith notice of intent to file a claim for legal and |
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professional expenses related to the violation. |
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Sec. 27A.010. CONSTRUCTION OF CHAPTER. This chapter may |
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not be construed to: |
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(1) limit rights and remedies available to the state |
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or another person under any other law; or |
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(2) alter or restrict the attorney general's authority |
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under other law with regard to conduct involving claims under the |
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Americans with Disabilities Act. |
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Sec. 27A.011. NO PRIVATE CAUSE OF ACTION. This chapter does |
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not create a private cause of action for violation of Section |
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27A.008. |
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SECTION 2. Chapter 27A, Civil Practice and Remedies Code, |
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as added by this Act, applies only to an action filed or a notice of |
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intent to file a claim provided on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |