SRC-TNM S.B. 1104 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1104
By: Patterson
State Affairs
4-6-97
As Filed


DIGEST 

Currently, ice skating rinks are at risk of lawsuits filed by customers.
S.B. 1104 would limit the number of lawsuits brought against ice skating
rinks by clarifying which types of lawsuits may be filed against ice
skating rinks. 

PURPOSE

As proposed, S.B. 1104 outlines 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. Sets 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. DUTY 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 that an operator is not liable for
damages for personal injury, property damage, or death unless the personal
injury, property damage, or death is caused by a breach of the operator's
duties prescribed by Section 760.002.  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.