| 1 | 1 | | 85R4126 DMS-D |
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| 2 | 2 | | By: Longoria H.B. No. 468 |
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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 a restriction on certain accommodations in accessible |
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| 8 | 8 | | hotel and motel guest rooms; providing a civil penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Chapter 769 to read as follows: |
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| 12 | 12 | | CHAPTER 769. ACCOMMODATIONS IN ACCESSIBLE HOTEL AND MOTEL GUEST |
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| 13 | 13 | | ROOMS |
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| 14 | 14 | | Sec. 769.001. RESTRICTION ON CERTAIN ACCOMMODATIONS. An |
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| 15 | 15 | | owner or operator of a hotel or motel may not offer for rent in this |
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| 16 | 16 | | state a room in the owner's or operator's hotel or motel that is |
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| 17 | 17 | | designated as an accessible guest room in compliance with the |
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| 18 | 18 | | Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et |
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| 19 | 19 | | seq.) unless: |
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| 20 | 20 | | (1) the height of each bed in the room is between 19.5 |
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| 21 | 21 | | and 23 inches, measured from the floor to the top surface of the |
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| 22 | 22 | | mattress; and |
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| 23 | 23 | | (2) each bed in the room has at least nine inches of |
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| 24 | 24 | | clearance beneath the bed between the floor and bottom surface of |
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| 25 | 25 | | the bed frame. |
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| 26 | 26 | | Sec. 769.002. CIVIL PENALTY. (a) A person who violates |
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| 27 | 27 | | this chapter is subject to a civil penalty of: |
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| 28 | 28 | | (1) not less than $500 or more than $3,000 for the |
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| 29 | 29 | | first violation; |
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| 30 | 30 | | (2) not less than $1,500 or more than $4,000 for the |
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| 31 | 31 | | second violation; |
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| 32 | 32 | | (3) not less than $2,500 or more than $5,000 for the |
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| 33 | 33 | | third violation; and |
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| 34 | 34 | | (4) $5,000 for each subsequent violation. |
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| 35 | 35 | | (b) Each day the violation continues or occurs constitutes a |
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| 36 | 36 | | separate violation for the purposes of assessing a civil penalty |
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| 37 | 37 | | under this section. |
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| 38 | 38 | | (c) In determining the amount of the civil penalty, the |
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| 39 | 39 | | court hearing the matter shall consider: |
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| 40 | 40 | | (1) the person's history of previous violations; |
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| 41 | 41 | | (2) the seriousness of the violation; |
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| 42 | 42 | | (3) the amount necessary to deter future violations; |
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| 43 | 43 | | (4) the demonstrated good faith of the person charged; |
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| 44 | 44 | | and |
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| 45 | 45 | | (5) any other matter as justice may require. |
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| 46 | 46 | | (d) The attorney general or the appropriate district or |
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| 47 | 47 | | county attorney, in the name of the state, may bring an action under |
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| 48 | 48 | | this section in a district court of Travis County or of a county in |
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| 49 | 49 | | which the violation occurs. |
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| 50 | 50 | | (e) A civil penalty recovered in a suit instituted by a |
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| 51 | 51 | | local government under this chapter shall be paid to the local |
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| 52 | 52 | | government. |
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| 53 | 53 | | (f) The attorney general or the appropriate district or |
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| 54 | 54 | | county attorney may recover reasonable expenses, including |
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| 55 | 55 | | investigative costs, reasonable attorney's fees, witness fees, and |
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| 56 | 56 | | deposition expenses, incurred in obtaining a civil penalty under |
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| 57 | 57 | | this section. |
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| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2017. |
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