SRC-MAX H.B. 1955 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1955
By: Hilbert (Patterson)
State Affairs
4-26-97
Engrossed


DIGEST 

Currently, ice skating rink operators are being pursued for recovery of
damages by persons or the families of persons, who fall and injure
themselves or others while skating. There are concerns that these injuries
are inherent to the activity of skating and not as the result of
negligence on the part of the rink owner or operator.  This bill assigns
rights and responsibilities while engaging in skating activity at a public
rink for operators, ice skaters, spectators, and children to ensure that
liability is expressly understood by all. 

PURPOSE

As proposed, H.B. 1955 establishes certain provisions regarding the
operation of ice skating centers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 9A, Health and Safety Code, by adding Chapter 760,
as follows: 

CHAPTER 760.  ICE SKATING CENTERS

Sec.  760.001.  DEFINITIONS.   Defines "ice skating center," operator,"
and "spectator." 

Sec.  760.002.   DUTIES OF OPERATOR.  Sets forth required duties of the
operator of an ice skating center. 
 
Sec.  760.003.  DUTIES OF ICE SKATERS.  Set forth required duties of an
ice skater. Prohibits an ice skater from acting in a manner that may cause
injury to others. 

Sec.  760.004. DUTIES OF SPECTATOR.  Requires a spectator to comply with
each posted sign or warning that relates to the behavior of the spectator
in the ice skating center. 

Sec.  760.005. DUTY OF CHILD.  Provides that in determining whether the
conduct of a child violates Section 760.003 or 760.004, the conduct shall
be evaluated based on the child's experience, intelligence, capacity, and
age.   

Sec.  760.006. LIABILITY.  Provides than an operator is not liable in
negligence for certain damages caused by a breach of a duty prescribed in
Section 760.002, with exceptions for certain actions against an operator.
Provides that Chapter 33, Civil Practice and Remedies Code, applies to an
action brought against an operator. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date:  September 1, 1997.

SECTION 4. Emergency clause.