By: Carona H.B. No. 382
73R1906 KLL-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the responsibilities of amusement park riders and to
1-3 suits brought for injuries incurred on amusement park rides.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
1-6 amended by adding Chapter 757 to read as follows:
1-7 CHAPTER 757. SAFETY ON AMUSEMENT PARK RIDES
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 757.001. DEFINITIONS. In this chapter:
1-10 (1) "Amusement park" means a permanent indoor or
1-11 outdoor facility or park where amusement rides are available for
1-12 use by the public. The term includes a water-based recreational
1-13 amusement park.
1-14 (2) "Amusement park operator" means a person who owns,
1-15 leases, manages, or operates an amusement park.
1-16 (3) "Amusement ride" has the meaning assigned by
1-17 Section 2, Article 21.60, Insurance Code. In addition, the term
1-18 includes water slides, wave pools, and other similar attractions.
1-19 (4) "Rider" means an individual attending an amusement
1-20 park or using an amusement ride, and includes an invitee regardless
1-21 of whether that individual pays consideration.
1-22 Sec. 757.002. CONSTRUCTION OF CHAPTER. This chapter does
1-23 not:
1-24 (1) limit or otherwise affect the liability and
2-1 responsibilities of an amusement ride operator under Article 21.60,
2-2 Insurance Code;
2-3 (2) prevent the maintenance of an action against an
2-4 amusement park operator for negligent construction, maintenance, or
2-5 operation of an amusement ride or for a violation of a statute or
2-6 rule; or
2-7 (3) limit or otherwise affect the responsibility and
2-8 liability of an amusement park operator to provide reasonable
2-9 supervision for riders.
2-10 (Sections 757.003-757.010 reserved for expansion
2-11 SUBCHAPTER B. SAFETY ON AMUSEMENT RIDES
2-12 Sec. 757.011. POSTING OF SAFETY RESPONSIBILITIES AND
2-13 OPERATOR DUTIES. (a) An amusement park operator shall post the
2-14 safety responsibilities of riders as set forth in Sections
2-15 757.012-757.018 and the duties, obligations, and liabilities of the
2-16 operator as prescribed by this chapter in at least five conspicuous
2-17 locations in the amusement park, including each entrance and exit,
2-18 each place designated for receiving reports of accidents and
2-19 injuries during business hours, and each place designated as a
2-20 first aid station.
2-21 (b) An amusement park operator shall post safety
2-22 instructions for an amusement ride if required by the nature of the
2-23 ride.
2-24 Sec. 757.012. CONDUCT OF RIDER. (a) A rider shall conduct
2-25 himself within the limits of the rider's individual size and
2-26 ability and may not act in a manner that may cause or contribute to
2-27 the injury of himself or others.
3-1 (b) A rider may not engage in an act or activity of
3-2 frolicking or horseplay that may tend to injure others.
3-3 (c) A rider may not throw or expel an object from an
3-4 amusement ride.
3-5 (d) A rider may not act in a manner contrary to posted or
3-6 stated rules while boarding, riding on, or disembarking from an
3-7 amusement ride.
3-8 Sec. 757.013. BOARDING AND DISEMBARKING. (a) A rider may
3-9 not board or disembark from an amusement ride except at a
3-10 designated area, if one is provided.
3-11 (b) A rider may not board an amusement ride unless the rider
3-12 has sufficient knowledge and ability to use the ride. If the rider
3-13 does not have that knowledge or ability, the rider shall ask for
3-14 and receive written or oral instructions before using the ride.
3-15 (c) A rider may not disembark or attempt to disembark from
3-16 an amusement ride before, during, or after movement of the ride has
3-17 started except on the express instruction of the ride attendant or
3-18 employee of the amusement park operator.
3-19 (d) An individual 14 years of age or older who embarks on an
3-20 amusement ride without authority or who fails to pay appropriate
3-21 consideration for its use is a trespasser.
3-22 Sec. 757.014. USE OF ALCOHOL OR DRUGS. (a) A rider may not
3-23 board or attempt to board an amusement ride if the rider is
3-24 knowingly under the influence of an alcoholic beverage,
3-25 prescription drug, dangerous drug, controlled substance, or any
3-26 other substance that affects the rider's ability to safely use the
3-27 ride and abide by the posted or stated instructions.
4-1 (b) An operator of an amusement ride may prevent a rider who
4-2 is perceptibly or apparently under the influence of drugs or
4-3 alcohol from boarding or riding on an amusement ride.
4-4 (c) An operator who prevents a rider from boarding or riding
4-5 on a ride in accordance with Subsection (b) is not criminally or
4-6 civilly liable if the operator has a reasonable basis for believing
4-7 that the rider is under the influence of drugs or alcohol.
4-8 Sec. 757.015. RESTRAINING DEVICE. A rider may not
4-9 disconnect, disable, or attempt to disconnect or disable a safety
4-10 device, seatbelt, harness, or other restraining device before,
4-11 during, or after the movement of the ride has started except at the
4-12 express instruction of the ride attendant or employee of the
4-13 amusement park operator.
4-14 Sec. 757.016. ALTERATION OF RIDE. A rider may not alter or
4-15 enhance the intended speed, course, or direction of a ride by using
4-16 an unauthorized device, instrument, or method.
4-17 Sec. 757.017. ACCESS TO CONTROLS. A rider may not attempt
4-18 to gain access to the controls of an amusement ride designed solely
4-19 to be operated by an employee of an amusement park operator.
4-20 Sec. 757.018. CONTROL OF SPEED AND COURSE. (a) While using
4-21 an amusement ride that requires steering or control of a rider or a
4-22 car or device, the rider shall maintain reasonable control of the
4-23 speed and course at all times.
4-24 (b) A rider may not steer an amusement ride in a manner that
4-25 intentionally harms another.
4-26 (Sections 757.019-757.030 reserved for expansion
4-27 SUBCHAPTER C. SUITS FOR INJURIES ON AMUSEMENT RIDES
5-1 Sec. 757.031. ASSUMPTION OF RISK; MISCONDUCT BY RIDER. (a)
5-2 A rider 14 years of age or older is considered to know of and
5-3 assume a risk inherent in an amusement ride if the risk is open and
5-4 obvious to a reasonable person.
5-5 (b) Except as provided by Subsection (c), a person may not
5-6 recover damages from an amusement park operator for personal
5-7 injury, death, or property damage sustained by a rider who was, at
5-8 the time of the accident, 14 years of age or older, if the
5-9 amusement park operator demonstrates that the rider violated
5-10 Section 757.012, 757.013, 757.014, 757.015, 757.016, 757.017, or
5-11 757.018.
5-12 (c) If the rider demonstrates that the amusement park
5-13 operator violated a duty described by Section 757.002:
5-14 (1) Chapter 33, Civil Practice and Remedies Code,
5-15 applies to the action; and
5-16 (2) Subsection (b) does not apply to the action.
5-17 Sec. 757.032. DESIGNATED LOCATION FOR ACCIDENT REPORTS. (a)
5-18 Each amusement park operator shall designate an office or location
5-19 as a site for reporting accidents and injuries.
5-20 (b) The designated office or site shall be open and staffed
5-21 during regular business hours and shall be clearly designated in
5-22 writing.
5-23 (c) The amusement park operator shall designate and identify
5-24 more than one office or location if necessary so that no area
5-25 containing amusement rides is farther than a reasonable walking
5-26 distance from an office or location.
5-27 Sec. 757.033. ACCIDENT REPORT PRECONDITION TO SUIT. (a) As
6-1 a precondition to bringing a suit in connection with an accident or
6-2 injury against an amusement park operator, a rider shall report in
6-3 writing to the amusement park operator all the details of the
6-4 accident or injury as soon as possible, but not later than the 90th
6-5 day after the date on which the accident occurred. However, if it
6-6 is not practicable to give the report because of a severe physical
6-7 disability resulting from the accident, the report shall be given
6-8 as soon as practicable.
6-9 (b) The precondition provided by Subsection (a) does not
6-10 apply unless the amusement park operator conspicuously posts notice
6-11 of the reporting requirement, in English and one other language
6-12 considered appropriate by the amusement park operator, and in at
6-13 least five conspicuous locations in the amusement park as provided
6-14 by Section 757.011.
6-15 (c) The precondition provided by Subsection (a) does not
6-16 apply if the operator files an injury report under Article 21.60,
6-17 Insurance Code.
6-18 Sec. 757.034. CONTENTS OF REPORT. An accident report shall
6-19 include the name and address of the accident victim, a brief
6-20 description of the accident location, the alleged cause of the
6-21 accident, and the name and address of the ride operator, others
6-22 involved, and witnesses, if any.
6-23 Sec. 757.035. STATE BOARD OF INSURANCE INJURY REPORT. On
6-24 request, the State Board of Insurance shall provide a rider or the
6-25 rider's representative with a copy of the injury report required by
6-26 Article 21.60, Insurance Code.
6-27 Sec. 757.036. LATE REPORT. (a) A rider who fails to report
7-1 an accident within the time provided by Section 757.033 may be
7-2 permitted to give the report at any time before the first
7-3 anniversary of the accident at the discretion of a court in which a
7-4 suit for damages for an injury sustained in the accident may be
7-5 brought if the amusement park operator is not substantially
7-6 prejudiced by the delay.
7-7 (b) In determining whether an amusement park operator has
7-8 been substantially prejudiced by a delay, the court shall consider
7-9 the inability of the operator to locate and bring within the
7-10 jurisdiction of the court needed witnesses for the operator's
7-11 defense.
7-12 (c) A person applying to the court for permission to make a
7-13 late report shall make a motion based on affidavits showing
7-14 sufficient reason for the rider's failure to make a timely report.
7-15 Sec. 757.037. STATUTE OF LIMITATIONS. (a) Notwithstanding
7-16 Section 16.003, Civil Practice and Remedies Code, a person must
7-17 bring suit for personal injury or death against an amusement park
7-18 operator, employee, or owner, whether based on tort or breach of
7-19 contract or otherwise, not later than two years after the date on
7-20 which the accident occurred.
7-21 (b) Section 16.001, Civil Practice and Remedies Code,
7-22 applies to a suit described by Subsection (a).
7-23 SECTION 2. This Act takes effect September 1, 1993, and
7-24 applies only to a cause of action that accrues on or after that
7-25 date. An action that accrued before the effective date of this Act
7-26 is governed by the law in effect at the time the action accrued,
7-27 and that law is continued in effect for that purpose.
8-1 SECTION 3. The importance of this legislation and the
8-2 crowded condition of the calendars in both houses create an
8-3 emergency and an imperative public necessity that the
8-4 constitutional rule requiring bills to be read on three several
8-5 days in each house be suspended, and this rule is hereby suspended.