85R7053 LED-F
 
  By: Smithee H.B. No. 1463
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.