HBA-NIK C.S.H.B. 2482 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2482
By: Lewis, Glenn
Civil Practices
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The United States Constitution, Bill of Rights, and Civil Rights Act,
confer to any individual or group the opportunity to full and equal
accommodations, advantages and facilities, privileges, and services in all
public businesses and establishments, regardless of gender, race, color,
religion, national origin, or physical disability.  Current Texas law does
not include individuals who are members of clubs, organizations, and social
groups as a protected class, as it does racial groups and religious groups,
among others.  Texas citizens who are motorcycle enthusiasts often adopt a
common dress which readily identifies them as members of such clubs and
groups. 

C.S.H.B. 2482 provides equal access to accommodations for members of a
motorcycle group, organized or not, whose general appearance, operation of
a motorcycle or the wearing of clothing which displays the name of an
organization may cause them to be liable to discrimination.  This
legislation creates a cause of action and a right to collect financial
damages, if accommodations are denied based on apparel or clothing which
displays the name of an organization or association, or clothing and
apparel that identifies them as operators of motorcycles. This substitute
also provides certain exemptions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4, Civil Practice and Remedies Code, by adding
Chapter 92, as follows: 

   CHAPTER 92.  PUBLIC ACCOMMODATIONS

Sec. 92.001.  DEFINITION.  Defines "public accommodation" as a business or
other entity that offers to the public food, shelter, recreation, or
amusement, or any other goods, service, privilege, facility, or
accommodation. 

Sec. 92.002.  EQUAL ACCESS GUARANTEED.  (a)  Prohibits a  person that owns
or operates a public accommodation  from restricting an individual from
access or admission to the accommodation or otherwise prevent the
individual from using the accommodation solely because the individual
operates a motorcycle, is a member of an organization or association that
operates motorcycles, or wears clothing that displays the name of an
organization or association. 

(b)  Provides that a person that owns or operates a public accommodation
is not prohibited from denying access or admission to an individual if the
conduct of the individual poses a risk to the health or safety of another
person or if the person's clothing does not conform with a dress code that
is in effect at the public accommodation, stated clearly, and not designed
to exclude a particular individual or group of individuals. 

Sec. 92.003.  INJUNCTIVE RELIEF;  DAMAGES.  Authorizes a court to enjoin a
violation of this chapter on the application of any person.  Authorizes a
person who is injured by a  violation of this chapter to bring a cause of
action for injunctive relief or damages, or both injunctive relief and
damages.  Authorizes a person to recover the actual damages incurred by the
person and exemplary damages in an amount not to exceed $5,000.  Entitles a
person who prevails in the action to reasonable attorney's fees and court
costs. 

Sec. 92.004. EXEMPTION. Provides that this chapter does not apply to a
private or independent institution of higher education, as that term is
defined by Section 61.003 (Definitions), Education Code. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2482 modifies the original bill in SECTION 1 by adding Section
92.004 (Exemption), to provide that this chapter does not apply to a
private or independent institution of higher education, as that term is
defined by Section 61.003 (Definitions), Education Code.