| 1 | 1 | | 81R6111 CAE-D |
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| 2 | 2 | | By: Thompson, Chavez H.B. No. 1569 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to equal access to places of public accommodation. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 10 | 10 | | amended by adding Chapter 1006 to read as follows: |
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| 11 | 11 | | CHAPTER 1006. PUBLIC ACCOMMODATIONS |
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| 12 | 12 | | Sec. 1006.001. DEFINITION. In this chapter, "public |
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| 13 | 13 | | accommodation" means a business or other entity that offers to the |
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| 14 | 14 | | general public food, shelter, recreation, or amusement, or any |
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| 15 | 15 | | other goods, service, privilege, facility, or accommodation. |
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| 16 | 16 | | Sec. 1006.002. EQUAL ACCESS GUARANTEED. (a) A person that |
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| 17 | 17 | | owns or operates a public accommodation may not restrict an |
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| 18 | 18 | | individual from access or admission to the accommodation or |
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| 19 | 19 | | otherwise prevent the individual from using the accommodation |
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| 20 | 20 | | solely: |
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| 21 | 21 | | (1) because of the race, creed, sex, religion, or |
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| 22 | 22 | | national origin of the individual; or |
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| 23 | 23 | | (2) because the individual: |
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| 24 | 24 | | (A) operates a motorcycle; |
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| 25 | 25 | | (B) is a member of an organization or association |
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| 26 | 26 | | that operates motorcycles; or |
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| 27 | 27 | | (C) wears clothing that displays the name of an |
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| 28 | 28 | | organization or association. |
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| 29 | 29 | | (b) This section does not prohibit a person that owns or |
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| 30 | 30 | | operates a public accommodation from denying to an individual |
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| 31 | 31 | | access or admission to or use of the accommodation if: |
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| 32 | 32 | | (1) the conduct of the individual poses a risk to the |
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| 33 | 33 | | health or safety of another person or a risk to the safety of |
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| 34 | 34 | | another person's property; or |
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| 35 | 35 | | (2) the person's clothing does not conform with a dress |
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| 36 | 36 | | code that is: |
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| 37 | 37 | | (A) in effect at the public accommodation; |
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| 38 | 38 | | (B) stated clearly; and |
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| 39 | 39 | | (C) not designed to exclude a particular |
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| 40 | 40 | | individual or group of individuals. |
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| 41 | 41 | | (c) This section does not prevent the owner or operator of a |
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| 42 | 42 | | public accommodation from prohibiting the parking of a motorcycle |
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| 43 | 43 | | in a vehicle parking space if on the owner's property the owner also |
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| 44 | 44 | | provides a reasonably located area designated for motorcycle |
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| 45 | 45 | | parking. |
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| 46 | 46 | | Sec. 1006.003. INJUNCTIVE RELIEF; DAMAGES. (a) On |
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| 47 | 47 | | application of any person, a court may enjoin a violation of this |
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| 48 | 48 | | chapter. |
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| 49 | 49 | | (b) A person who is injured by a violation of this chapter |
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| 50 | 50 | | may bring a cause of action for injunctive relief under Subsection |
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| 51 | 51 | | (a), or for damages, or for both injunctive relief and damages. In |
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| 52 | 52 | | an action for damages, the person may recover: |
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| 53 | 53 | | (1) actual damages incurred by the person, if any; and |
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| 54 | 54 | | (2) exemplary damages in an amount not to exceed $500. |
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| 55 | 55 | | (c) A person who brings an action under Subsection (a) or |
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| 56 | 56 | | (b) and who prevails in the action is entitled to reasonable |
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| 57 | 57 | | attorney's fees and court costs. |
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| 58 | 58 | | Sec. 1006.004. EXEMPTIONS. (a) This chapter does not apply |
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| 59 | 59 | | to a private or independent institution of higher education, as |
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| 60 | 60 | | that term is defined by Section 61.003, Education Code. |
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| 61 | 61 | | (b) This chapter does not apply to a student while |
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| 62 | 62 | | attending: |
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| 63 | 63 | | (1) a private or public middle school, junior high |
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| 64 | 64 | | school, or high school; or |
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| 65 | 65 | | (2) an activity or event sponsored by a school |
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| 66 | 66 | | described by Subdivision (1). |
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| 67 | 67 | | Sec. 1006.005. REMEDIES CUMULATIVE. The remedies |
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| 68 | 68 | | established under this chapter are cumulative of any other rights |
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| 69 | 69 | | or remedies established by law. |
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| 70 | 70 | | SECTION 2. This Act applies only to a cause of action that |
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| 71 | 71 | | accrues on or after the effective date of this Act. A cause of |
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| 72 | 72 | | action that accrues before the effective date of this Act is |
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| 73 | 73 | | governed by the law as it existed immediately before the effective |
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| 74 | 74 | | date of this Act and that law is continued in effect for that |
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| 75 | 75 | | purpose. |
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| 76 | 76 | | SECTION 3. This Act takes effect September 1, 2009. |
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