By Seidlits H.B. No. 2470
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to duties and liabilities of operators of roller-skating
1-3 centers, and roller skaters, and spectators at those centers.
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. ROLLER-SKATING CENTERS
1-8 Sec. 757.001. DEFINITIONS. In this chapter:
1-9 (1) "Operator" means a person who owns or controls or
1-10 has operational responsibility for a roller-skating center.
1-11 (2) "Roller-Skating Center" means a facility or a
1-12 portion of a facility that is specifically designed for roller
1-13 skating by the public.
1-14 (3) "Spectator" means an individual who is present in
1-15 a roller-skating center only for the purpose of observing skating
1-16 activity, without regard to whether the skating activity is
1-17 recreational or competitive.
1-18 Sec. 757.002. DUTIES OF OPERATOR. An operator shall:
1-19 (1) comply with the roller-skating rink safety
1-20 standards published by the Roller-Skating Rink Operators
1-21 Association, 1980 edition:
1-22 (2) post the duties of roller skaters and spectators
1-23 under this chapter in conspicuous places in the roller-skating
2-1 centers; and
2-2 (3) maintain the stability and legibility of all
2-3 required signs, symbols and posted notices.
2-4 Sec. 757.003. DUTIES OF ROLLER SKATERS. A roller skater
2-5 shall:
2-6 (1) comply with all posted signs and warnings as they
2-7 relate to the behavior of the roller skater in the roller-skating
2-8 center;
2-9 (2) maintain reasonable control over the speed and
2-10 direction of skating at all times;
2-11 (3) be reasonably aware of other skaters or objects in
2-12 the roller-skating center in order to avoid colliding with other
2-13 skaters or objects.
2-14 (4) be responsible for knowing the roller skater's
2-15 range of ability to negotiate the intended direction of travel and
2-16 to skate within the limits of that ability; and
2-17 (5) refrain from acting in a manner that may cause
2-18 injury to others.
2-19 Sec. 757.004. DUTY OF SPECTATOR. A spectator shall comply
2-20 with all posted signs and warnings as they relate to the behavior
2-21 of the spectator in the roller-skating center.
2-22 Sec. 757.005. ACCEPTANCE OF RISKS OF INJURY. A roller
2-23 skater accepts, for the purpose of the liability of the operator
2-24 and the roller-skating center, the risks of injury to the skater
2-25 while roller skating that are obvious and necessary, including:
3-1 (1) an injury that results from a collision with
3-2 another skater or spectator;
3-3 (2) an injury that results from a fall; and
3-4 (3) an injury that involves an object or an artificial
3-5 structure in the path of the skater if the placement of the object
3-6 or structure is not a result of the negligence of the operator.
3-7 Sec. 757.006. LIABILITY. An operator, roller skater, or
3-8 spectator who violates this chapter is liable, in the manner
3-9 provided by law, for any loss or damage proximately caused by the
3-10 violation.
3-11 SECTION 2. This Act takes effect September 1, 1993, and
3-12 applies only to a cause of action that accrues on or after that
3-13 date. An action that accrued before the effective date of this Act
3-14 is governed by the law in effect at the time the action accrued and
3-15 that law is continued in effect for that purpose.
3-16 SECTION 3. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.