84R5608 LED-D
By: Longoria H.B. No. 1377
A BILL TO BE ENTITLED
AN ACT
relating to a restriction on certain accommodations in accessible
hotel guest rooms; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 769 to read as follows:
CHAPTER 769. ACCOMMODATIONS IN ACCESSIBLE HOTEL GUEST ROOMS
Sec. 769.001. DEFINITION. In this chapter, "hotel" means a
building in which members of the public obtain sleeping
accommodations for consideration, including a hotel, motel,
tourist home, tourist house, tourist court, hostel, lodging house,
rooming house, or inn. The term does not include:
(1) a hospital, sanitarium, or nursing home; or
(2) a building in which all or substantially all of the
occupants have the right to use or possess their sleeping
accommodations for at least 28 consecutive days.
Sec. 769.002. RESTRICTION ON CERTAIN ACCOMMODATIONS. An
owner or operator of a hotel may not offer for rent in this state a
room in the owner's or operator's hotel that is designated as an
accessible hotel guest room in compliance with the federal
Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)
unless the height of each bed in the room is not more than 19.5
inches, measured from the floor to the top surface of the mattress.
Sec. 769.003. CIVIL PENALTY. (a) A person who violates
this chapter is subject to a civil penalty of:
(1) not less than $500 or more than $3,000 for the
first violation;
(2) not less than $1,500 or more than $4,000 for the
second violation;
(3) not less than $2,500 or more than $5,000 for the
third violation; and
(4) $5,000 for each subsequent violation.
(b) Each day the violation continues or occurs constitutes a
separate violation for the purposes of assessing a civil penalty
under this section.
(c) In determining the amount of the civil penalty, the
court hearing the matter shall consider:
(1) the person's history of previous violations;
(2) the seriousness of the violation;
(3) the amount necessary to deter future violations;
(4) the demonstrated good faith of the person charged;
and
(5) any other matter as justice may require.
(d) The attorney general or the appropriate district or
county attorney, in the name of the state, may bring an action under
this section in a district court of Travis County or of a county in
which the violation occurs.
(e) A civil penalty recovered in a suit instituted by a
local government under this chapter shall be paid to the local
government.
(f) The attorney general or the appropriate district or
county attorney may recover reasonable expenses, including
investigative costs, reasonable attorney's fees, witness fees, and
deposition expenses, incurred in obtaining a civil penalty under
this section.
SECTION 2. This Act takes effect September 1, 2015.