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.