85R7053 LED-F
By: Seliger S.B. No. 827
A BILL TO BE ENTITLED
AN ACT
relating to procedures for asserting claims under the Americans
with Disabilities Act; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies
Code, is amended by adding Chapter 27A to read as follows:
CHAPTER 27A. ACTIONS INVOLVING THE AMERICANS WITH DISABILITIES ACT
Sec. 27A.001. DEFINITIONS. In this chapter:
(1) "Americans with Disabilities Act" means the
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
seq.).
(2) "Claimant" means a person seeking relief under the
Americans with Disabilities Act.
(3) "Respondent" means the person against whom a
claimant is seeking relief under the Americans with Disabilities
Act.
Sec. 27A.002. APPLICABILITY. This chapter applies to a
claim under the Americans with Disabilities Act based on a
respondent's failure to comply with applicable design,
construction, technical, or other standards required by the
Americans with Disabilities Act, including complying with website
accessibility guidelines.
Sec. 27A.003. NOTICE OF INTENT TO FILE CLAIM. (a)
Notwithstanding any other law, before a claimant files an action
asserting a claim under the Americans with Disabilities Act, the
claimant must give notice to the respondent of intent to file the
claim. Notice required under this section must be made not later
than the 150th day before the date the action asserting the claim is
filed.
(b) The notice must state:
(1) the name of the individual asserting the claim
under the Americans with Disabilities Act and the specific
provision of the Americans with Disabilities Act that gives the
individual standing to file an action asserting the claim;
(2) each alleged violation of the Americans with
Disabilities Act, including each applicable statutory or
regulatory provision alleged to have been violated;
(3) each design, construction, technical, or other
standard alleged to have been violated; and
(4) the time, place, and manner in which the claimant
discovered the alleged violation.
(c) The notice may be given in a manner prescribed for
service of process in a civil action.
Sec. 27A.004. RIGHT TO CORRECT. A respondent who has
received a notice of intent to file a claim under Section 27A.003
may correct an alleged violation of the Americans with Disabilities
Act before the earliest date on which the claimant may file an
action under Section 27A.003.
Sec. 27A.005. NOTICE OF CORRECTION OR OTHER EXPLANATION.
(a) A respondent who has corrected an alleged violation of the
Americans with Disabilities Act shall provide notice of the
correction to the claimant.
(b) The notice must describe each correction and the manner
in which the correction addresses the alleged violation.
(c) If the respondent concludes that the 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.
(d) The notice of correction or explanation may be given in
a manner prescribed for service of process in a civil action.
Sec. 27A.006. FILING AND ABATEMENT OF ACTION. (a) If a
claimant files an action asserting a claim under the Americans with
Disabilities Act, 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 notice of intent to file a
claim provided under Section 27A.003.
(b) 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 from 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 Section 27A.004;
(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.
Sec. 27A.007. DISMISSAL OR CONTINUATION OF ACTION. If a
respondent has provided a notice of correction or has completed
corrections during a period of abatement under Section 27A.006:
(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.
Sec. 27A.008. BAD FAITH CLAIMS. (a) A claimant may not in
bad faith provide a notice of intent to file a claim under the
Americans with Disabilities Act.
(b) A notice of intent to file a claim is in bad faith if the
notice includes a claim that the respondent has violated the
Americans with Disabilities Act and is liable for that violation
and the notice:
(1) does not meet the requirements prescribed by
Section 27A.003; or
(2) describes a claim that is objectively baseless
because:
(A) the claimant does not have standing to file
an action asserting the claim under the Americans with Disabilities
Act; or
(B) the premises is not subject to the
requirements of the Americans with Disabilities Act.
Sec. 27A.009. ATTORNEY GENERAL ENFORCEMENT. (a) If the
attorney general believes that a person has violated or is
violating Section 27A.008, the attorney general may bring an action
on behalf of the state to enjoin the person from violating that
section.
(b) In addition to seeking an injunction under Subsection
(a), the attorney general may request and the court may order any
other relief that may be in the public interest, including:
(1) the imposition of a civil penalty in an amount not
to exceed $50,000 for each violation of Section 27A.008;
(2) an order requiring reimbursement to this state for
the reasonable value of investigating and prosecuting a violation
of Section 27A.008; and
(3) an order requiring restitution to a recipient of a
bad faith notice of intent to file a claim for legal and
professional expenses related to the violation.
Sec. 27A.010. CONSTRUCTION OF CHAPTER. This chapter may
not be construed to:
(1) limit rights and remedies available to the state
or another person under any other law; or
(2) alter or restrict the attorney general's authority
under other law with regard to conduct involving claims under the
Americans with Disabilities Act.
Sec. 27A.011. NO PRIVATE CAUSE OF ACTION. This chapter does
not create a private cause of action for violation of Section
27A.008.
SECTION 2. Chapter 27A, Civil Practice and Remedies Code,
as added by this Act, applies only to an action filed or a notice of
intent to file a claim provided on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2017.