Texas 2017 - 85th Regular

Texas House Bill HB1463 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Smithee, et al. (Senate Sponsor - Seliger) H.B. No. 1463
2		-	(In the Senate - Received from the House May 8, 2017;
3		-	May 8, 2017, read first time and referred to Committee on State
4		-	Affairs; May 15, 2017, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 15, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1463
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to procedures for actions alleging failure to comply with
12	6		certain standards to accommodate persons with disabilities.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 121.004(b), Human Resources Code, is
15	9		amended to read as follows:
16	10		(b) In addition to the penalty provided in Subsection (a), a
17	11		person, including a firm, association, corporation, or other public
18	12		or private organization, or the agent of the person, who violates
19	13		the provisions of Section 121.003 is deemed to have deprived a
20	14		person with a disability of his or her civil liberties. Subject to
21	15		Section 121.0041, if applicable, the [The] person with a disability
22	16		deprived of his or her civil liberties may maintain an [a cause of]
23	17		action for damages in a court of competent jurisdiction, and there
24	18		is a conclusive presumption of damages in the amount of at least
25	19		$300 to the person with a disability.
26	20		SECTION 2. Chapter 121, Human Resources Code, is amended by
27	21		adding Section 121.0041 to read as follows:
28	22		Sec. 121.0041. PROCEDURES FOR CERTAIN ACTIONS; OPPORTUNITY
29	23		TO CURE. (a) In this section:
30	24		(1) "Claimant" means a person filing or intending to
31	25		file an action under Section 121.004(b).
32	26		(2) "Respondent" means the person against whom a
33	27		claimant files or intends to file an action under Section
34	28		121.004(b).
35	29		(b) This section applies only to an action under Section
36	30		121.004(b) alleging a failure to comply with applicable design,
37	31		construction, technical, or similar standards required under
38	32		Chapter 469, Government Code, or other applicable state or federal
39	33		laws that require compliance with specified design, construction,
40	34		technical, or similar standards, including Internet website
41	35		accessibility guidelines, to accommodate persons with
42	36		disabilities.
43	37		(c) Not later than the 60th day before the date an action to
44	38		which this section applies is filed, the claimant must give written
45	39		notice of the claim to the respondent. The notice may be given in a
46	40		manner prescribed for service of process in a civil action. The
47	41		written notice:
48	42		(1) must state:
49	43		(A) the name of the individual alleging a failure
50	44		to comply with applicable design, construction, technical, or
51	45		similar standards;
52	46		(B) in reasonable detail, each alleged
53	47		violation; and
54	48		(C) the date, place, and manner in which the
55	49		claimant discovered the alleged violation; and
56	50		(2) may not demand a sum of damages, request
57	51		settlement, or offer to settle the claim without a determination of
58	52		whether a condition stated in the notice is excused by law or may be
59	53		remedied.
60	54		(d) A respondent who has received a written notice under
61	55		Subsection (c) may correct the alleged violation before the
62	56		earliest date on which the claimant may file the action.
63	57		(e) A respondent who has corrected an alleged violation
64	58		shall provide a notice of the correction to the claimant that
65	59		describes each correction and the manner in which the correction
66	60		addresses the alleged violation. If the respondent concludes that
67	61		an alleged violation has not occurred and that a correction is not
68	62		necessary, the respondent shall provide the claimant an explanation
69	63		of the respondent's conclusion. The notice of correction or
70	64		explanation may be given in a manner prescribed for service of
71	65		process in a civil action.
72	66		(f) If a claimant files an action to which this section
73	67		applies, the claimant must establish by a preponderance of the
74	68		evidence that the respondent has not corrected one or more of the
75	69		alleged violations stated in the written notice provided under
76	70		Subsection (c).
77	71		(g) If an action is filed, the respondent may file a plea in
78	72		abatement and request an evidentiary hearing on the plea. The court
79	73		shall abate the action for a period not to exceed 60 days after the
80	74		date of the hearing if the court finds by a preponderance of the
81	75		evidence that:
82	76		(1) the respondent initiated action to correct the
83	77		alleged violation during the time allowed under Subsection (d);
84	78		(2) the respondent could not complete the corrections
85	79		within that time; and
86	80		(3) the corrections will be completed by the end of the
87	81		period of abatement.
88	82		(h) If a respondent has provided the notice of correction or
89	83		has completed corrections during a period of abatement under
90	84		Subsection (g):
91	85		(1) the claimant may file a motion to dismiss the
92	86		action without prejudice; or
93	87		(2) the respondent may file a motion for summary
94	88		judgment in accordance with the Texas Rules of Civil Procedure.
95	89		SECTION 3. This Act takes effect September 1, 2017.
96		-	* * * * *
	90	+	______________________________ ______________________________
	91	+	President of the Senate Speaker of the House
	92	+	I certify that H.B. No. 1463 was passed by the House on May 6,
	93	+	2017, by the following vote: Yeas 139, Nays 1, 2 present, not
	94	+	voting.
	95	+	______________________________
	96	+	Chief Clerk of the House
	97	+	I certify that H.B. No. 1463 was passed by the Senate on May
	98	+	19, 2017, by the following vote: Yeas 30, Nays 1.
	99	+	______________________________
	100	+	Secretary of the Senate
	101	+	APPROVED: _____________________
	102	+	Date
	103	+	_____________________
	104	+	Governor