Bill Text: TX SB827 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to procedures for asserting claims under the Americans with Disabilities Act; providing a civil penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2017-03-06 - Co-author authorized [SB827 Detail]
Download: Texas-2017-SB827-Introduced.html
85R7053 LED-F | ||
By: Seliger | S.B. No. 827 |
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relating to procedures for asserting claims under the Americans | ||
with Disabilities Act; providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies | ||
Code, is amended by adding Chapter 27A to read as follows: | ||
CHAPTER 27A. ACTIONS INVOLVING THE AMERICANS WITH DISABILITIES ACT | ||
Sec. 27A.001. DEFINITIONS. In this chapter: | ||
(1) "Americans with Disabilities Act" means the | ||
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et | ||
seq.). | ||
(2) "Claimant" means a person seeking relief under the | ||
Americans with Disabilities Act. | ||
(3) "Respondent" means the person against whom a | ||
claimant is seeking relief under the Americans with Disabilities | ||
Act. | ||
Sec. 27A.002. APPLICABILITY. This chapter applies to a | ||
claim under the Americans with Disabilities Act based on a | ||
respondent's failure to comply with applicable design, | ||
construction, technical, or other standards required by the | ||
Americans with Disabilities Act, including complying with website | ||
accessibility guidelines. | ||
Sec. 27A.003. NOTICE OF INTENT TO FILE CLAIM. (a) | ||
Notwithstanding any other law, before a claimant files an action | ||
asserting a claim under the Americans with Disabilities Act, the | ||
claimant must give notice to the respondent of intent to file the | ||
claim. Notice required under this section must be made not later | ||
than the 150th day before the date the action asserting the claim is | ||
filed. | ||
(b) The notice must state: | ||
(1) the name of the individual asserting the claim | ||
under the Americans with Disabilities Act and the specific | ||
provision of the Americans with Disabilities Act that gives the | ||
individual standing to file an action asserting the claim; | ||
(2) each alleged violation of the Americans with | ||
Disabilities Act, including each applicable statutory or | ||
regulatory provision alleged to have been violated; | ||
(3) each design, construction, technical, or other | ||
standard alleged to have been violated; and | ||
(4) the time, place, and manner in which the claimant | ||
discovered the alleged violation. | ||
(c) The notice may be given in a manner prescribed for | ||
service of process in a civil action. | ||
Sec. 27A.004. RIGHT TO CORRECT. A respondent who has | ||
received a notice of intent to file a claim under Section 27A.003 | ||
may correct an alleged violation of the Americans with Disabilities | ||
Act before the earliest date on which the claimant may file an | ||
action under Section 27A.003. | ||
Sec. 27A.005. NOTICE OF CORRECTION OR OTHER EXPLANATION. | ||
(a) A respondent who has corrected an alleged violation of the | ||
Americans with Disabilities Act shall provide notice of the | ||
correction to the claimant. | ||
(b) The notice must describe each correction and the manner | ||
in which the correction addresses the alleged violation. | ||
(c) If the respondent concludes that the 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. | ||
(d) The notice of correction or explanation may be given in | ||
a manner prescribed for service of process in a civil action. | ||
Sec. 27A.006. FILING AND ABATEMENT OF ACTION. (a) If a | ||
claimant files an action asserting a claim under the Americans with | ||
Disabilities Act, 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 notice of intent to file a | ||
claim provided under Section 27A.003. | ||
(b) 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 from 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 Section 27A.004; | ||
(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. | ||
Sec. 27A.007. DISMISSAL OR CONTINUATION OF ACTION. If a | ||
respondent has provided a notice of correction or has completed | ||
corrections during a period of abatement under Section 27A.006: | ||
(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. | ||
Sec. 27A.008. BAD FAITH CLAIMS. (a) A claimant may not in | ||
bad faith provide a notice of intent to file a claim under the | ||
Americans with Disabilities Act. | ||
(b) A notice of intent to file a claim is in bad faith if the | ||
notice includes a claim that the respondent has violated the | ||
Americans with Disabilities Act and is liable for that violation | ||
and the notice: | ||
(1) does not meet the requirements prescribed by | ||
Section 27A.003; or | ||
(2) describes a claim that is objectively baseless | ||
because: | ||
(A) the claimant does not have standing to file | ||
an action asserting the claim under the Americans with Disabilities | ||
Act; or | ||
(B) the premises is not subject to the | ||
requirements of the Americans with Disabilities Act. | ||
Sec. 27A.009. ATTORNEY GENERAL ENFORCEMENT. (a) If the | ||
attorney general believes that a person has violated or is | ||
violating Section 27A.008, the attorney general may bring an action | ||
on behalf of the state to enjoin the person from violating that | ||
section. | ||
(b) In addition to seeking an injunction under Subsection | ||
(a), the attorney general may request and the court may order any | ||
other relief that may be in the public interest, including: | ||
(1) the imposition of a civil penalty in an amount not | ||
to exceed $50,000 for each violation of Section 27A.008; | ||
(2) an order requiring reimbursement to this state for | ||
the reasonable value of investigating and prosecuting a violation | ||
of Section 27A.008; and | ||
(3) an order requiring restitution to a recipient of a | ||
bad faith notice of intent to file a claim for legal and | ||
professional expenses related to the violation. | ||
Sec. 27A.010. CONSTRUCTION OF CHAPTER. This chapter may | ||
not be construed to: | ||
(1) limit rights and remedies available to the state | ||
or another person under any other law; or | ||
(2) alter or restrict the attorney general's authority | ||
under other law with regard to conduct involving claims under the | ||
Americans with Disabilities Act. | ||
Sec. 27A.011. NO PRIVATE CAUSE OF ACTION. This chapter does | ||
not create a private cause of action for violation of Section | ||
27A.008. | ||
SECTION 2. Chapter 27A, Civil Practice and Remedies Code, | ||
as added by this Act, applies only to an action filed or a notice of | ||
intent to file a claim provided on or after the effective date of | ||
this Act. | ||
SECTION 3. This Act takes effect September 1, 2017. |