HBA-EDN H.B. 1642 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1642 By: Hinojosa State Affairs 3/28/2001 Introduced BACKGROUND AND PURPOSE The federal Public Accommodations Act of 1964 does not provide monetary damages for discrimination, only injunctive and declaratory relief. In addition, there is no comparable state law which prohibits discrimination in a public accommodation. Another current problem is that not all public accommodations are classified as such under federal or state law, and are, thus, exempt from prohibitions of discrimination. House Bill 1642 sets forth what is included under the definition of a public accommodation and prohibits discrimination in such places. 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. ANALYSIS House Bill 1642 amends the Civil Practice and Remedies Code to provide that all individuals are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation without discrimination or segregation on the ground of race, color, religion, national origin, or disability. The bill sets forth types of public accommodations. A person or agent of a person that denies an individual's rights protected under these provisions deprives that individual of the individual's civil liberties and commits a criminal offense and requires that a person adjudged guilty of such an offense be punished by a fine of not less than $300 or more than $1,000. The bill authorizes an aggrieved individual to bring a cause of action for injunctive relief and damages and provides that there is a conclusive presumption of damages to the aggrieved individual in an amount of at least $100. An aggrieved individual who prevails in a civil cause of action is authorized to recover attorney's fees as part of the costs. EFFECTIVE DATE September 1, 2001.