1-1 By: Wentworth S.B. No. 1023
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Economic Development;
1-4 May 4, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 4, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Parker x
1-10 Lucio x
1-11 Ellis x
1-12 Haley x
1-13 Harris of Dallas x
1-14 Harris of Tarrant x
1-15 Leedom x
1-16 Madla x
1-17 Rosson x
1-18 Shapiro x
1-19 Wentworth x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1023 By: Wentworth
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to duties and liabilities of operators of roller-skating
1-24 centers, roller skaters, and spectators at roller-skating centers.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
1-27 amended by adding Chapter 757 to read as follows:
1-28 CHAPTER 757. ROLLER-SKATING CENTERS
1-29 Sec. 757.001. DEFINITIONS. In this chapter:
1-30 (1) "Operator" means a person who owns, controls, or
1-31 has operational responsibility for a roller-skating center.
1-32 (2) "Roller-skating center" means a facility or a
1-33 portion of a facility that is specifically designed for roller
1-34 skating by the public.
1-35 (3) "Spectator" means an individual who is present in
1-36 a roller-skating center only to observe skating activity,
1-37 regardless of whether the skating activity is recreational or
1-38 competitive.
1-39 Sec. 757.002. DUTIES OF OPERATOR. An operator shall:
1-40 (1) provide at least one individual to act as a floor
1-41 guard for approximately every 200 skaters;
1-42 (2) require each floor guard to:
1-43 (A) wear attire that identifies the individual
1-44 as a floor guard;
1-45 (B) be on duty at all times while skating is
1-46 allowed;
1-47 (C) direct and supervise skaters and spectators;
1-48 and
1-49 (D) watch for foreign objects that may have
1-50 fallen on the floor;
1-51 (3) inspect and maintain in good condition the
1-52 roller-skating surface and the railings, kickboards, and walls
1-53 surrounding the roller-skating surface;
1-54 (4) inspect and maintain in good mechanical condition
1-55 roller-skating equipment that the operator leases or rents to
1-56 roller skaters;
1-57 (5) comply with the Roller-Skating Rink Safety
1-58 Standards, 1980 edition, published by the Roller Skating Rink
1-59 Operators Association of America;
1-60 (6) post the duties of roller skaters and spectators
1-61 prescribed by this chapter in conspicuous places in the
1-62 roller-skating center; and
1-63 (7) maintain the stability and legibility of all
1-64 required signs, symbols, and posted notices.
1-65 Sec. 757.003. DUTIES OF ROLLER SKATERS. (a) A roller
1-66 skater:
1-67 (1) shall comply with each posted sign or warning that
1-68 relates to the behavior and responsibility of the roller skater in
2-1 the roller-skating center;
2-2 (2) shall obey instructions given by the operator,
2-3 floor guard, or other roller-skating center personnel;
2-4 (3) shall maintain reasonable control over the speed
2-5 and direction of the roller skater's skating at all times;
2-6 (4) shall be reasonably aware of other roller skaters
2-7 or objects in the roller-skating center to avoid colliding with
2-8 other roller skaters or objects;
2-9 (5) shall know the roller skater's ability to control
2-10 the intended direction of skating and shall skate within the limits
2-11 of that ability; and
2-12 (6) may not act in a manner that may cause injury to
2-13 others.
2-14 (b) The conduct of a child shall be evaluated based on the
2-15 child's experience, intelligence, capacity, and age to determine if
2-16 the child violated this section or Section 757.004.
2-17 Sec. 757.004. DUTY OF SPECTATOR. A spectator shall comply
2-18 with each posted sign or warning that relates to the behavior of
2-19 the spectator in the roller-skating center.
2-20 Sec. 757.005. LIABILITY. (a) The liability of an operator
2-21 is limited to those injuries or damages proximately caused by a
2-22 breach of the operator's duties prescribed by Section 757.002.
2-23 (b) The determination of the percentage of responsibility
2-24 for an injury or damage shall be made according to Chapter 33,
2-25 Civil Practice and Remedies Code.
2-26 SECTION 2. This Act takes effect September 1, 1993, and
2-27 applies only to a cause of action that accrues on or after that
2-28 date. A cause of action that accrued before the effective date of
2-29 this Act is governed by the law in effect at the time the cause of
2-30 action accrued, and that law is continued in effect for that
2-31 purpose.
2-32 SECTION 3. The importance of this legislation and the
2-33 crowded condition of the calendars in both houses create an
2-34 emergency and an imperative public necessity that the
2-35 constitutional rule requiring bills to be read on three several
2-36 days in each house be suspended, and this rule is hereby suspended.
2-37 * * * * *
2-38 Austin,
2-39 Texas
2-40 May 4, 1993
2-41 Hon. Bob Bullock
2-42 President of the Senate
2-43 Sir:
2-44 We, your Committee on Economic Development to which was referred
2-45 S.B. No. 1023, have had the same under consideration, and I am
2-46 instructed to report it back to the Senate with the recommendation
2-47 that it do not pass, but that the Committee Substitute adopted in
2-48 lieu thereof do pass and be printed.
2-49 Parker,
2-50 Chairman
2-51 * * * * *
2-52 WITNESSES
2-53 FOR AGAINST ON
2-54 ___________________________________________________________________
2-55 Name: Luther Bernstein x
2-56 Representing: Roller Rinks
2-57 City: Farmers Branch
2-58 -------------------------------------------------------------------
2-59 Name: Allen Ray x
2-60 Representing: Texas Rink Operators Assn.
2-61 City: Austin
2-62 -------------------------------------------------------------------
2-63 FOR AGAINST ON
2-64 ___________________________________________________________________
2-65 Name: Verna Quaranto x
2-66 Representing: Self
2-67 City: San Antonio
2-68 -------------------------------------------------------------------
2-69 Name: Harry Walker x
2-70 Representing: Self
3-1 City: Ft. Worth
3-2 -------------------------------------------------------------------
3-3 Name: Walt Hedrick x
3-4 Representing: Roller Skating
3-5 City: Arlington
3-6 -------------------------------------------------------------------
3-7 Name: Kevin Baker x
3-8 Representing: Skate Ranch
3-9 City: Lubbock
3-10 -------------------------------------------------------------------
3-11 Name: Paul Hedrick x
3-12 Representing: Self
3-13 City: Spring
3-14 -------------------------------------------------------------------
3-15 Name: Robert Braun x
3-16 Representing: Self
3-17 City: San Antonio
3-18 -------------------------------------------------------------------
3-19 Name: Ron & Twila Gehring x
3-20 Representing: Self
3-21 City: Stafford
3-22 -------------------------------------------------------------------