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.