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, and roller skaters, and spectators at those 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 or 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 for the purpose of observing skating
1-15 activity, without regard to whether the skating activity is
1-16 recreational or competitive.
1-17 Sec. 757.002. DUTIES OF OPERATOR. An operator shall:
1-18 (1) comply with the roller-skating rink safety
1-19 standards published by the Roller-Skating Rink Operators
1-20 Association, 1980 edition:
1-21 (2) post the duties of roller skaters and spectators
1-22 under this chapter in conspicuous places in the roller-skating
1-23 centers; and
2-1 (3) maintain the stability and legibility of all
2-2 required signs, symbols and posted notices.
2-3 Sec. 757.003. DUTIES OF ROLLER SKATERS. A roller skater
2-4 shall:
2-5 (1) comply with all posted signs and warnings as they
2-6 relate to the behavior of the roller skater in the roller-skating
2-7 center;
2-8 (2) maintain reasonable control over the speed and
2-9 direction of skating at all times;
2-10 (3) be reasonably aware of other skaters or objects in
2-11 the roller-skating center in order to avoid colliding with other
2-12 skaters or objects.
2-13 (4) be responsible for knowing the roller skater's
2-14 range of ability to negotiate the intended direction of travel and
2-15 to skate within the limits of that ability; and
2-16 (5) refrain from acting in a manner that may cause
2-17 injury to others.
2-18 Sec. 757.004 DUTY OF SPECTATOR. A spectator shall comply
2-19 with all posted signs and warnings as they relate to the behavior
2-20 of the spectator in the roller-skating center.
2-21 Sec. 757.005. ACCEPTANCE OF RISKS OF INJURY. A roller
2-22 skater accepts, for the purpose of the liability of the operator
2-23 and the roller-skating center, the risks of injury to the skater
2-24 while roller skating that are obvious and necessary, including:
2-25 (1) an injury that results from a collision with
3-1 another skater or spectator;
3-2 (2) an injury that results from a fall; and
3-3 (3) an injury that involves an object or an artificial
3-4 structure in the path of the skater if the placement of the object
3-5 or structure in not a result of the negligence of the operator.
3-6 Sec. 757.006. LIABILITY. An operator, roller skater, or
3-7 spectator who violates this chapter is liable, in the manner
3-8 provided by law, for any loss or damage proximately caused by the
3-9 violation.
3-10 SECTION 2. This Act takes effect September 1, 1993, and
3-11 applies only to a cause of action that accrues on or after that
3-12 date. An action that accrued before the effective date of this Act
3-13 is governed by the law in effect at the time the action accrued and
3-14 that law is continued in effect for that purpose.
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.