H.B. No. 1463
 
 
 
 
AN ACT
  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 [The] person with a disability
  deprived of his or her civil liberties may maintain an [a cause of]
  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