PUC H.B. 1955 75(R)BILL ANALYSIS


STATE RECREATIONAL RESOURCES
H.B. 1955
By: Hilbert
3-20-97
Committee Report (Amended)



BACKGROUND 

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.  The majority of these falls occur
because of the risks inherent in  the activity of skating, and not as a
result of negligence on the part of the rink owner or operator.  As a
result, liability costs are escalating in a relatively new industry in
Texas. 

PURPOSE

HB 1955 requires and acknowledges that skating rink owner/operators,
skating participants, and the spectators who attend skating sessions each
have rights and obligations while engaging in skating activity at a public
rink. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

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

 Sec. 760.001.  DEFINITIONS.  Defines "Ice Skating Center", "Operator",
and    "spectator". 

 Sec. 760.002.  DUTIES OF OPERATORS.  Provides safety standards with which
operators must comply regarding skater supervision, equipment maintenance,
and posted  skater and spectator responsibilities. 
 
 Sec. 760.003.  DUTIES OF ICE SKATERS.  Provides for duties and
responsibilities of  ice skaters. 

 Sec. 760.004.  DUTY OF SPECTATOR.  Requires spectators to comply with
posted  signs or warnings. 

 Sec. 760.005.  DUTY OF CHILD.  Provides terms and conditions concerning
the conduct  of a child. 

 Sec. 760.006.  LIABILITY.  Provides limitations on the liability of the
operator. 

SECTION 2: Transition statement.

SECTION 3: Effective date:  September 1, 1997.

SECTION 4: Emergency clause.

 
EXPLANATION OF AMENDMENTS

Committee amendment no. 1 adds subsection (8) to Sec. 760.002.  Subsection
(8) provides that an operator must maintain liability insurance of at
least $500,000 combined single limits for personal injury, death or
property damage.  

In addition committee amendment no. 1 changes the wording in Sec. 760.006
(a) to reaffirm that although the operator isn't liable for negligence
unless a breech of duties outlined in Sec. 760.002 occurs, he or she may
still be subjected to gross negligence, malice or intentional conduct
standards.