85R7053 LED-F     By: Seliger S.B. No. 827       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.