81R6111 CAE-D
By: Thompson H.B. No. 1569
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 1006 to read as follows:
CHAPTER 1006. PUBLIC ACCOMMODATIONS
Sec. 1006.001. 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. 1006.002. 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. 1006.003. 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. 1006.004. 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. 1006.005. REMEDIES CUMULATIVE. The remedies
established under this chapter are cumulative of any other rights
or remedies established by law.
SECTION 2. 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.
SECTION 3. This Act takes effect September 1, 2009.