Bill Text: TX HB1463 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to procedures for actions alleging failure to comply with certain standards to accommodate persons with disabilities.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB1463 Detail]
Download: Texas-2017-HB1463-Enrolled.html
H.B. No. 1463 |
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relating to procedures for actions alleging failure to comply with | ||
certain standards to accommodate persons with disabilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 121.004(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) In addition to the penalty provided in Subsection (a), a | ||
person, including a firm, association, corporation, or other public | ||
or private organization, or the agent of the person, who violates | ||
the provisions of Section 121.003 is deemed to have deprived a | ||
person with a disability of his or her civil liberties. Subject to | ||
Section 121.0041, if applicable, the [ |
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deprived of his or her civil liberties may maintain an [ |
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action for damages in a court of competent jurisdiction, and there | ||
is a conclusive presumption of damages in the amount of at least | ||
$300 to the person with a disability. | ||
SECTION 2. Chapter 121, Human Resources Code, is amended by | ||
adding Section 121.0041 to read as follows: | ||
Sec. 121.0041. PROCEDURES FOR CERTAIN ACTIONS; OPPORTUNITY | ||
TO CURE. (a) In this section: | ||
(1) "Claimant" means a person filing or intending to | ||
file an action under Section 121.004(b). | ||
(2) "Respondent" means the person against whom a | ||
claimant files or intends to file an action under Section | ||
121.004(b). | ||
(b) This section applies only to an action under Section | ||
121.004(b) alleging a failure to comply with applicable design, | ||
construction, technical, or similar standards required under | ||
Chapter 469, Government Code, or other applicable state or federal | ||
laws that require compliance with specified design, construction, | ||
technical, or similar standards, including Internet website | ||
accessibility guidelines, to accommodate persons with | ||
disabilities. | ||
(c) Not later than the 60th day before the date an action to | ||
which this section applies is filed, the claimant must give written | ||
notice of the claim to the respondent. The notice may be given in a | ||
manner prescribed for service of process in a civil action. The | ||
written notice: | ||
(1) must state: | ||
(A) the name of the individual alleging a failure | ||
to comply with applicable design, construction, technical, or | ||
similar standards; | ||
(B) in reasonable detail, each alleged | ||
violation; and | ||
(C) the date, place, and manner in which the | ||
claimant discovered the alleged violation; and | ||
(2) may not demand a sum of damages, request | ||
settlement, or offer to settle the claim without a determination of | ||
whether a condition stated in the notice is excused by law or may be | ||
remedied. | ||
(d) A respondent who has received a written notice under | ||
Subsection (c) may correct the alleged violation before the | ||
earliest date on which the claimant may file the action. | ||
(e) A respondent who has corrected an alleged violation | ||
shall provide a notice of the correction to the claimant that | ||
describes each correction and the manner in which the correction | ||
addresses the alleged violation. If the respondent concludes that | ||
an 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. The notice of correction or | ||
explanation may be given in a manner prescribed for service of | ||
process in a civil action. | ||
(f) If a claimant files an action to which this section | ||
applies, 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 written notice provided under | ||
Subsection (c). | ||
(g) 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 after 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 Subsection (d); | ||
(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. | ||
(h) If a respondent has provided the notice of correction or | ||
has completed corrections during a period of abatement under | ||
Subsection (g): | ||
(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. | ||
SECTION 3. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1463 was passed by the House on May 6, | ||
2017, by the following vote: Yeas 139, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1463 was passed by the Senate on May | ||
19, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |