By: Smithee, et al. (Senate Sponsor - Seliger) H.B. No. 1463
(In the Senate - Received from the House May 8, 2017;
May 8, 2017, read first time and referred to Committee on State
Affairs; May 15, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 15, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to procedures for actions alleging failure to comply with
certain standards to accommodate persons with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 121.004(b), Human Resources Code, is
amended to read as follows:
(b) In addition to the penalty provided in Subsection (a), a
person, including a firm, association, corporation, or other public
or private organization, or the agent of the person, who violates
the provisions of Section 121.003 is deemed to have deprived a
person with a disability of his or her civil liberties. Subject to
Section 121.0041, if applicable, the [The] person with a disability
deprived of his or her civil liberties may maintain an [a cause of]
action for damages in a court of competent jurisdiction, and there
is a conclusive presumption of damages in the amount of at least
$300 to the person with a disability.
SECTION 2. Chapter 121, Human Resources Code, is amended by
adding Section 121.0041 to read as follows:
Sec. 121.0041. PROCEDURES FOR CERTAIN ACTIONS; OPPORTUNITY
TO CURE. (a) In this section:
(1) "Claimant" means a person filing or intending to
file an action under Section 121.004(b).
(2) "Respondent" means the person against whom a
claimant files or intends to file an action under Section
121.004(b).
(b) This section applies only to an action under Section
121.004(b) alleging a failure to comply with applicable design,
construction, technical, or similar standards required under
Chapter 469, Government Code, or other applicable state or federal
laws that require compliance with specified design, construction,
technical, or similar standards, including Internet website
accessibility guidelines, to accommodate persons with
disabilities.
(c) Not later than the 60th day before the date an action to
which this section applies is filed, the claimant must give written
notice of the claim to the respondent. The notice may be given in a
manner prescribed for service of process in a civil action. The
written notice:
(1) must state:
(A) the name of the individual alleging a failure
to comply with applicable design, construction, technical, or
similar standards;
(B) in reasonable detail, each alleged
violation; and
(C) the date, place, and manner in which the
claimant discovered the alleged violation; and
(2) may not demand a sum of damages, request
settlement, or offer to settle the claim without a determination of
whether a condition stated in the notice is excused by law or may be
remedied.
(d) A respondent who has received a written notice under
Subsection (c) may correct the alleged violation before the
earliest date on which the claimant may file the action.
(e) A respondent who has corrected an alleged violation
shall provide a notice of the correction to the claimant that
describes each correction and the manner in which the correction
addresses the alleged violation. If the respondent concludes that
an alleged violation has not occurred and that a correction is not
necessary, the respondent shall provide the claimant an explanation
of the respondent's conclusion. The notice of correction or
explanation may be given in a manner prescribed for service of
process in a civil action.
(f) If a claimant files an action to which this section
applies, the claimant must establish by a preponderance of the
evidence that the respondent has not corrected one or more of the
alleged violations stated in the written notice provided under
Subsection (c).
(g) If an action is filed, the respondent may file a plea in
abatement and request an evidentiary hearing on the plea. The court
shall abate the action for a period not to exceed 60 days after the
date of the hearing if the court finds by a preponderance of the
evidence that:
(1) the respondent initiated action to correct the
alleged violation during the time allowed under Subsection (d);
(2) the respondent could not complete the corrections
within that time; and
(3) the corrections will be completed by the end of the
period of abatement.
(h) If a respondent has provided the notice of correction or
has completed corrections during a period of abatement under
Subsection (g):
(1) the claimant may file a motion to dismiss the
action without prejudice; or
(2) the respondent may file a motion for summary
judgment in accordance with the Texas Rules of Civil Procedure.
SECTION 3. This Act takes effect September 1, 2017.
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