S.B. No. 1023 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.