Texas Senate Bill SB827

Texas 2017 - 85th Regular

Caption

Relating to procedures for asserting claims under the Americans with Disabilities Act; providing a civil penalty.

Impact

The bill's enforcement measures include the ability for the Attorney General to seek civil penalties for bad faith claims, which are described as those that lack basis or are filed without proper standing under the ADA. By allowing for penalties up to $50,000 for each violation, SB827 aims to deter individuals from making frivolous claims while preserving the rights of legitimate claimants. This change is designed to protect businesses and organizations from unwarranted litigation while still holding them accountable for legitimate ADA violations.

Summary

SB827 introduces significant amendments to the Civil Practice and Remedies Code, particularly by establishing a new Chapter 27A that outlines procedures for asserting claims under the Americans with Disabilities Act (ADA). The bill mandates that individuals must provide a notice of intent to file a claim against a respondent for ADA violations, detailing specific alleged violations and allowing respondents to correct these issues before litigation can commence. This procedural requirement seeks to encourage resolution and compliance prior to legal disputes.

Contention

Notably, SB827 has sparked debate regarding its implications for individuals with disabilities. Proponents assert that it creates a balanced approach by reducing abuse of the legal system through bad faith claims. Conversely, critics express concern that the bill may unintentionally empower entities to ignore ADA requirements, as the increased burden of procedure and the potential for punitive measures may deter legitimate claims. This raises questions about access to justice for individuals who might truly be harmed by non-compliance with ADA standards.