By Yarbrough                                    H.B. No. 1251

      75R5110 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring protective headgear for minors riding certain

 1-3     animals; providing a penalty.

 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.  PROTECTIVE HEADGEAR

 1-8                      FOR CERTAIN RODEO ANIMAL RIDERS 

 1-9           Sec. 760.001.  DEFINITION.  In this chapter, "department"

1-10     means the Texas Department of Licensing and Regulation.

1-11           Sec. 760.002.  SAFETY STANDARDS FOR PROTECTIVE HEADGEAR.  (a)

1-12     To provide for the safety and welfare of riders of rodeo bovines,

1-13     the department shall prescribe minimum safety standards for

1-14     protective headgear to be used by riders of rodeo bovines in this

1-15     state.

1-16           (b)  On request of a manufacturer of protective headgear, the

1-17     department shall make the safety standards prescribed by the

1-18     department available to the manufacturer.

1-19           Sec. 760.003.  OFFENSE RELATING TO FAILURE TO WEAR PROTECTIVE

1-20     HEADGEAR.  (a)  A person commits an offense if the person:

1-21                 (1)  is younger than 18 years of age;

1-22                 (2)  rides a bovine that attempts to throw off the

1-23     person riding the bovine;

1-24                 (3)  intends the bovine to attempt to throw off the

 2-1     person; and

 2-2                 (4)  is not wearing protective headgear that meets

 2-3     safety standards adopted by the department.

 2-4           (b)  A person who is supervising or authorized to control the

 2-5     conduct of another person younger than 18 years of age commits an

 2-6     offense if the person knowingly or recklessly allows the other

 2-7     person to engage in conduct that constitutes an offense under

 2-8     Subsection (a).

 2-9           (c)  An offense under this section is a misdemeanor

2-10     punishable by a fine of not more than $100.

2-11           SECTION 2.  This Act takes effect September 1, 1997.  The

2-12     Texas Department of Licensing and Regulation shall adopt initial

2-13     minimum safety standards for protective headgear not later than

2-14     December 1, 1997.

2-15           SECTION 3.  Section 760.003, Health and Safety Code, as added

2-16     by this Act, applies only to conduct that occurs on or after

2-17     January 1, 1998.

2-18           SECTION 4.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended.