By Carona H.B. No. 754
74R3417 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the responsibilities of amusement park riders and to
1-3 suits brought for injuries incurred on amusement park rides.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
1-6 amended by adding Chapter 760 to read as follows:
1-7 CHAPTER 760. SAFETY ON AMUSEMENT PARK RIDES
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 760.001. DEFINITIONS. In this chapter:
1-10 (1) "Amusement park" means a permanent indoor or
1-11 outdoor facility or park where amusement rides are available for
1-12 use by the public. The term includes a water-based recreational
1-13 amusement park.
1-14 (2) "Amusement park operator" means a person who owns,
1-15 leases, manages, or operates an amusement park.
1-16 (3) "Amusement ride" has the meaning assigned by
1-17 Section 2, Article 21.60, Insurance Code. In addition, the term
1-18 includes water slides, wave pools, and other similar attractions.
1-19 (4) "Rider" means an individual attending an amusement
1-20 park or using an amusement ride, and includes an invitee regardless
1-21 of whether that individual pays consideration.
1-22 Sec. 760.002. CONSTRUCTION OF CHAPTER. This chapter does
1-23 not:
1-24 (1) limit or otherwise affect the liability and
2-1 responsibilities of an amusement ride operator under Article 21.60,
2-2 Insurance Code;
2-3 (2) prevent the maintenance of an action against an
2-4 amusement park operator for negligent construction, maintenance, or
2-5 operation of an amusement ride or for a violation of a statute or
2-6 rule; or
2-7 (3) limit or otherwise affect the responsibility and
2-8 liability of an amusement park operator to provide reasonable
2-9 supervision for riders.
2-10 (Sections 760.003-760.010 reserved for expansion
2-11 SUBCHAPTER B. SAFETY ON AMUSEMENT RIDES
2-12 Sec. 760.011. POSTING OF SAFETY RESPONSIBILITIES AND
2-13 OPERATOR DUTIES. (a) An amusement park operator shall post the
2-14 safety responsibilities of riders as set forth in Sections
2-15 760.012-760.018 and the duties, obligations, and liabilities of the
2-16 operator as prescribed by this chapter in at least five conspicuous
2-17 locations in the amusement park, including each location at the
2-18 park at which invitees enter or exit, each place designated for
2-19 receiving reports of accidents and injuries during business hours,
2-20 and each place designated as a first aid station.
2-21 (b) An amusement park operator shall post safety
2-22 instructions for an amusement ride if required by the nature of the
2-23 ride.
2-24 Sec. 760.012. CONDUCT OF RIDER. (a) A rider's conduct
2-25 shall be within the limits of the rider's individual size and
2-26 ability, and a rider may not act in a manner that may cause or
2-27 contribute to the injury of the rider or others.
3-1 (b) A rider may not engage in an act or activity of
3-2 frolicking or horseplay that may tend to injure others.
3-3 (c) A rider may not throw or expel an object from an
3-4 amusement ride.
3-5 (d) A rider may not act in a manner contrary to posted or
3-6 stated rules while boarding, riding on, or disembarking from an
3-7 amusement ride.
3-8 Sec. 760.013. BOARDING AND DISEMBARKING. (a) A rider may
3-9 not board or disembark from an amusement ride except at a
3-10 designated area, if one is provided.
3-11 (b) A rider may not board an amusement ride unless the rider
3-12 has sufficient knowledge and ability to use the ride. If the rider
3-13 does not have that knowledge or ability, the rider shall ask for
3-14 and receive written or oral instructions before using the ride.
3-15 (c) A rider may not disembark or attempt to disembark from
3-16 an amusement ride before, during, or after movement of the ride has
3-17 started except on the express instruction of the ride attendant or
3-18 employee of the amusement park operator.
3-19 (d) An individual 14 years of age or older who embarks on an
3-20 amusement ride without authority or who fails to pay appropriate
3-21 consideration for its use is a trespasser.
3-22 Sec. 760.014. USE OF ALCOHOL OR DRUGS. (a) A rider may not
3-23 board or attempt to board an amusement ride if the rider is
3-24 knowingly under the influence of an alcoholic beverage,
3-25 prescription drug, dangerous drug, controlled substance, or any
3-26 other substance that affects the rider's ability to safely use the
3-27 ride and abide by the posted or stated instructions.
4-1 (b) An operator of an amusement ride may prevent a rider who
4-2 is perceptibly or apparently under the influence of drugs or
4-3 alcohol from boarding or riding on an amusement ride.
4-4 (c) An operator who prevents a rider from boarding or riding
4-5 on a ride in accordance with Subsection (b) is not criminally or
4-6 civilly liable if the operator has a reasonable basis for believing
4-7 that the rider is under the influence of drugs or alcohol.
4-8 Sec. 760.015. RESTRAINING DEVICE. A rider may not
4-9 disconnect, disable, or attempt to disconnect or disable a safety
4-10 device, seatbelt, harness, or other restraining device before,
4-11 during, or after the movement of the ride has started except at the
4-12 express instruction of the ride attendant or employee of the
4-13 amusement park operator.
4-14 Sec. 760.016. ALTERATION OF RIDE. A rider may not alter or
4-15 enhance the intended speed, course, or direction of a ride by using
4-16 an unauthorized device, instrument, or method.
4-17 Sec. 760.017. ACCESS TO CONTROLS. A rider may not attempt
4-18 to gain access to the controls of an amusement ride designed solely
4-19 to be operated by an employee of an amusement park operator.
4-20 Sec. 760.018. CONTROL OF SPEED AND COURSE. (a) While using
4-21 an amusement ride that requires steering or control of a rider or a
4-22 car or device, the rider shall maintain reasonable control of the
4-23 speed and course at all times.
4-24 (b) A rider may not steer an amusement ride in a manner that
4-25 intentionally harms another.
4-26 (Sections 760.019-760.030 reserved for expansion
4-27 SUBCHAPTER C. SUITS FOR INJURIES ON AMUSEMENT RIDES
5-1 Sec. 760.031. ASSUMPTION OF RISK; MISCONDUCT BY RIDER. (a)
5-2 A rider 14 years of age or older is considered to know of and
5-3 assume a risk inherent in an amusement ride if the risk is open and
5-4 obvious to a reasonable person.
5-5 (b) Except as provided by Subsection (c), a person may not
5-6 recover damages from a person for personal injury, death, or
5-7 property damage sustained in connection with use of an amusement
5-8 park ride by a rider who was, at the time of the accident, 14 years
5-9 of age or older if the person demonstrates that the rider violated
5-10 Section 760.012, 760.013, 760.014, 760.015, 760.016, 760.017, or
5-11 760.018.
5-12 (c) If the rider demonstrates that the amusement park
5-13 operator violated a duty described by Section 760.002:
5-14 (1) Chapter 33, Civil Practice and Remedies Code,
5-15 applies to the action; and
5-16 (2) Subsection (b) does not apply to the action.
5-17 (d) Subsections (b) and (c) apply to a suit against any
5-18 person, including the amusement park operator, the manufacturer,
5-19 distributor, seller, builder, designer, or installer of the
5-20 amusement park ride, or a person who inspected the ride.
5-21 Sec. 760.032. DESIGNATED LOCATION FOR ACCIDENT REPORTS. (a)
5-22 Each amusement park operator shall designate an office or location
5-23 as a site for reporting accidents and injuries.
5-24 (b) The designated office or site shall be open and staffed
5-25 during regular business hours and shall be clearly designated in
5-26 writing.
5-27 (c) The amusement park operator shall designate and identify
6-1 more than one office or location if necessary so that no area
6-2 containing amusement rides is farther than a reasonable walking
6-3 distance from an office or location.
6-4 Sec. 760.033. ACCIDENT REPORT PRECONDITION TO SUIT. (a) As
6-5 a precondition to bringing a suit in connection with an accident or
6-6 injury against a person described by Section 760.031(d), a rider
6-7 shall report in writing to the amusement park operator all the
6-8 details of the accident or injury as soon as possible, but not
6-9 later than the 90th day after the date on which the accident
6-10 occurred. However, if it is not practicable to give the report
6-11 because of a severe physical disability resulting from the
6-12 accident, the report shall be given as soon as practicable.
6-13 (b) The precondition provided by Subsection (a) does not
6-14 apply unless the amusement park operator conspicuously posts notice
6-15 of the reporting requirement in English and one other language
6-16 considered appropriate by the amusement park operator and in at
6-17 least five conspicuous locations in the amusement park as provided
6-18 by Section 760.011.
6-19 (c) The precondition provided by Subsection (a) does not
6-20 apply if the operator files an injury report under Article 21.60,
6-21 Insurance Code.
6-22 Sec. 760.034. CONTENTS OF REPORT. An accident report shall
6-23 include the name and address of the accident victim, a brief
6-24 description of the accident location, the alleged cause of the
6-25 accident, and the name and address of the ride operator, others
6-26 involved, and witnesses, if any.
6-27 Sec. 760.035. STATE BOARD OF INSURANCE INJURY REPORT. On
7-1 request, the State Board of Insurance shall provide a rider or the
7-2 rider's representative with a copy of the injury report required by
7-3 Article 21.60, Insurance Code.
7-4 Sec. 760.036. LATE REPORT. (a) A rider who fails to report
7-5 an accident within the time provided by Section 760.033 may be
7-6 permitted to give the report at any time before the first
7-7 anniversary of the accident at the discretion of a court in which a
7-8 suit for damages for an injury sustained in the accident may be
7-9 brought if the person against whom suit is brought is not
7-10 substantially prejudiced by the delay.
7-11 (b) In determining whether a person has been substantially
7-12 prejudiced by a delay, the court shall consider the inability of
7-13 the person to locate and bring within the jurisdiction of the court
7-14 needed witnesses for the person's defense.
7-15 (c) A person applying to the court for permission to make a
7-16 late report shall make a motion based on affidavits showing
7-17 sufficient reason for the rider's failure to make a timely report.
7-18 Sec. 760.037. STATUTE OF LIMITATIONS. (a) Notwithstanding
7-19 Section 16.003, Civil Practice and Remedies Code, a person must
7-20 bring suit governed by this chapter, whether based on tort or
7-21 breach of contract or otherwise, not later than the second
7-22 anniversary of the date on which the accident occurred.
7-23 (b) Section 16.001, Civil Practice and Remedies Code,
7-24 applies to a suit described by Subsection (a).
7-25 (Sections 760.038-760.050 reserved for expansion
7-26 SUBCHAPTER D. REPORTS TO MANUFACTURER
7-27 Sec. 760.051. REPORT REQUIRED. An amusement park operator
8-1 shall mail to the last known address of the manufacturer of an
8-2 amusement park ride any accident report relating to the ride made
8-3 to the operator under Section 760.033 and any injury report
8-4 relating to the ride filed by the operator under Article 21.60,
8-5 Insurance Code.
8-6 SECTION 2. This Act takes effect September 1, 1995, and
8-7 applies only to a cause of action that accrues on or after that
8-8 date. An action that accrued before the effective date of this Act
8-9 is governed by the law applicable to the action immediately before
8-10 the effective date of this Act, and that law is continued in effect
8-11 for that purpose.
8-12 SECTION 3. The importance of this legislation and the
8-13 crowded condition of the calendars in both houses create an
8-14 emergency and an imperative public necessity that the
8-15 constitutional rule requiring bills to be read on three several
8-16 days in each house be suspended, and this rule is hereby suspended.