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.