Bill Text: TX HB468 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a restriction on certain accommodations in accessible hotel and motel guest rooms; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-16 - Referred to Business & Industry [HB468 Detail]
Download: Texas-2017-HB468-Introduced.html
85R4126 DMS-D | ||
By: Longoria | H.B. No. 468 |
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relating to a restriction on certain accommodations in accessible | ||
hotel and motel 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 AND MOTEL GUEST | ||
ROOMS | ||
Sec. 769.001. RESTRICTION ON CERTAIN ACCOMMODATIONS. An | ||
owner or operator of a hotel or motel may not offer for rent in this | ||
state a room in the owner's or operator's hotel or motel that is | ||
designated as an accessible guest room in compliance with the | ||
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et | ||
seq.) unless: | ||
(1) the height of each bed in the room is between 19.5 | ||
and 23 inches, measured from the floor to the top surface of the | ||
mattress; and | ||
(2) each bed in the room has at least nine inches of | ||
clearance beneath the bed between the floor and bottom surface of | ||
the bed frame. | ||
Sec. 769.002. 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, 2017. |