85R4126 DMS-D
By: Longoria H.B. No. 468
A BILL TO BE ENTITLED
AN ACT
relating to a restriction on certain accommodations in accessible
hotel and motel 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 AND MOTEL GUEST
ROOMS
Sec. 769.001. RESTRICTION ON CERTAIN ACCOMMODATIONS. An
owner or operator of a hotel or motel may not offer for rent in this
state a room in the owner's or operator's hotel or motel that is
designated as an accessible guest room in compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
seq.) unless:
(1) the height of each bed in the room is between 19.5
and 23 inches, measured from the floor to the top surface of the
mattress; and
(2) each bed in the room has at least nine inches of
clearance beneath the bed between the floor and bottom surface of
the bed frame.
Sec. 769.002. 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, 2017.