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.