By: Wentworth S.B. No. 1023
A BILL TO BE ENTITLED
AN ACT
1-1 relating to duties and liabilities of operators of roller-skating
1-2 centers, roller skaters, and spectators at roller-skating centers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
1-5 amended by adding Chapter 757 to read as follows:
1-6 CHAPTER 757. ROLLER-SKATING CENTERS
1-7 Sec. 757.001. DEFINITIONS. In this chapter:
1-8 (1) "Operator" means a person who owns, controls, or
1-9 has operational responsibility for a roller-skating center.
1-10 (2) "Roller-skating center" means a facility or a
1-11 portion of a facility that is specifically designed for roller
1-12 skating by the public.
1-13 (3) "Spectator" means an individual who is present in
1-14 a roller-skating center only to observe skating activity,
1-15 regardless of whether the skating activity is recreational or
1-16 competitive.
1-17 Sec. 757.002. DUTIES OF OPERATOR. An operator shall:
1-18 (1) provide at least one individual to act as a floor
1-19 guard for approximately every 200 skaters;
1-20 (2) require each floor guard to:
1-21 (A) wear attire that identifies the individual
1-22 as a floor guard;
1-23 (B) be on duty at all times while skating is
2-1 allowed;
2-2 (C) direct and supervise skaters and spectators;
2-3 and
2-4 (D) watch for foreign objects that may have
2-5 fallen on the floor;
2-6 (3) inspect and maintain in good condition the
2-7 roller-skating surface and the railings, kickboards, and walls
2-8 surrounding the roller-skating surface;
2-9 (4) inspect and maintain in good mechanical condition
2-10 roller-skating equipment that the operator leases or rents to
2-11 roller skaters;
2-12 (5) comply with the Roller-Skating Rink Safety
2-13 Standards, 1980 edition, published by the Roller Skating Rink
2-14 Operators Association of America;
2-15 (6) post the duties of roller skaters and spectators
2-16 prescribed by this chapter in conspicuous places in the
2-17 roller-skating center; and
2-18 (7) maintain the stability and legibility of all
2-19 required signs, symbols, and posted notices.
2-20 Sec. 757.003. DUTIES OF ROLLER SKATERS. (a) A roller
2-21 skater:
2-22 (1) shall comply with each posted sign or warning that
2-23 relates to the behavior and responsibility of the roller skater in
2-24 the roller-skating center;
2-25 (2) shall obey instructions given by the operator,
3-1 floor guard, or other roller-skating center personnel;
3-2 (3) shall maintain reasonable control over the speed
3-3 and direction of the roller skater's skating at all times;
3-4 (4) shall be reasonably aware of other roller skaters
3-5 or objects in the roller-skating center to avoid colliding with
3-6 other roller skaters or objects;
3-7 (5) shall know the roller skater's ability to control
3-8 the intended direction of skating and shall skate within the limits
3-9 of that ability; and
3-10 (6) may not act in a manner that may cause injury to
3-11 others.
3-12 (b) The conduct of a child shall be evaluated based on the
3-13 child's experience, intelligence, capacity, and age to determine if
3-14 the child violated this section or Section 757.004.
3-15 Sec. 757.004. DUTY OF SPECTATOR. A spectator shall comply
3-16 with each posted sign or warning that relates to the behavior of
3-17 the spectator in the roller-skating center.
3-18 Sec. 757.005. LIABILITY. (a) The liability of an operator
3-19 is limited to those injuries or damages proximately caused by a
3-20 breach of the operator's duties prescribed by Section 757.002.
3-21 (b) The determination of the percentage of responsibility
3-22 for an injury or damage shall be made according to Chapter 33,
3-23 Civil Practice and Remedies Code.
3-24 SECTION 2. This Act takes effect September 1, 1993, and
3-25 applies only to a cause of action that accrues on or after that
4-1 date. A cause of action that accrued before the effective date of
4-2 this Act is governed by the law in effect at the time the cause of
4-3 action accrued, and that law is continued in effect for that
4-4 purpose.
4-5 SECTION 3. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.