Bill Text: TX HB1377 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a restriction on certain accommodations in accessible hotel guest rooms; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-09 - Referred to Business & Industry [HB1377 Detail]
Download: Texas-2015-HB1377-Introduced.html
| 84R5608 LED-D | ||
| By: Longoria | H.B. No. 1377 | |
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| relating to a restriction on certain accommodations in accessible | ||
| hotel 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 GUEST ROOMS | ||
| Sec. 769.001. DEFINITION. In this chapter, "hotel" means a | ||
| building in which members of the public obtain sleeping | ||
| accommodations for consideration, including a hotel, motel, | ||
| tourist home, tourist house, tourist court, hostel, lodging house, | ||
| rooming house, or inn. The term does not include: | ||
| (1) a hospital, sanitarium, or nursing home; or | ||
| (2) a building in which all or substantially all of the | ||
| occupants have the right to use or possess their sleeping | ||
| accommodations for at least 28 consecutive days. | ||
| Sec. 769.002. RESTRICTION ON CERTAIN ACCOMMODATIONS. An | ||
| owner or operator of a hotel may not offer for rent in this state a | ||
| room in the owner's or operator's hotel that is designated as an | ||
| accessible hotel guest room in compliance with the federal | ||
| Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) | ||
| unless the height of each bed in the room is not more than 19.5 | ||
| inches, measured from the floor to the top surface of the mattress. | ||
| Sec. 769.003. 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, 2015. | ||
