By Hilbert                                            H.B. No. 1955

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the operation of ice skating centers.


 1-4           SECTION 1.  Subtitle A, Title 9, Health and Safety Code, is

 1-5     amended by adding Chapter 760 to read as follows:

 1-6                      CHAPTER 760.  ICE SKATING CENTERS

 1-7           Sec. 760.001.  DEFINITIONS.  In this chapter:

 1-8                 (1)  "Ice skating center" means that portion of a

 1-9     facility that is designed for ice skating by the public.

1-10                 (2)  "Operator" means a person who owns, controls, or

1-11     has operational responsibility for an ice skating center.

1-12                 (3)  "Spectator" means an individual who is present in

1-13     an ice skating center only to observe ice skating, regardless of

1-14     whether the skating is recreational or competitive.

1-15           Sec. 760.002.  DUTIES OF OPERATOR.  An operator shall:

1-16                 (1)  provide at least one individual to act as a rink

1-17     monitor for approximately every 200 ice skaters at any time public

1-18     skating is allowed;

1-19                 (2)  require a rink monitor to:

1-20                       (A)  wear attire that identifies the individual

1-21     as a rink monitor;

1-22                       (B)  direct and supervise skaters and spectators;

1-23     and

1-24                       (C)  watch for and remove in a timely fashion all

 2-1     foreign objects that may have fallen on the ice skating surface;

 2-2                 (3)  inspect and maintain in good condition the ice

 2-3     skating surface and the floors, railings, boards, and walls

 2-4     surrounding the ice skating surface;

 2-5                 (4)  inspect and maintain in good mechanical condition

 2-6     ice skating equipment that the operator leases or rents to ice

 2-7     skaters;

 2-8                 (5)  comply with the risk management guidelines for ice

 2-9     skating rinks endorsed by the board of directors of the Ice Skating

2-10     Institute of America on August 27, 1996;

2-11                 (6)  post the duties of ice skaters and spectators

2-12     prescribed by this chapter in conspicuous places in the ice skating

2-13     center;

2-14                 (7)  maintain the stability and legibility of all

2-15     required signs, symbols, and posted notices; and

2-16                 (8)  maintain liability insurance of at least $500,000

2-17     combined single limits for personal injury, death, or property

2-18     damage.

2-19           Sec. 760.003.  DUTIES OF ICE SKATERS.  (a) An ice skater

2-20     shall:

2-21                 (1)  comply with each posted sign or warning that

2-22     relates to the behavior and responsibility of the ice skater in the

2-23     ice skating center;

2-24                 (2)  obey instructions given by the operator, rink

2-25     monitor, or other ice skating center personnel;

2-26                 (3)  maintain reasonable control over the speed and

2-27     direction of the ice skater's skating at all times;

 3-1                 (4)  be reasonably aware of other ice skaters or

 3-2     objects in the ice skating center to avoid colliding with other ice

 3-3     skaters or objects; and

 3-4                 (5)  know the ice skater's ability to control the

 3-5     intended direction of skating and skate within the limits of that

 3-6     ability.

 3-7           (b)  An ice skater may not act in a manner that may cause

 3-8     injury to others.

 3-9           Sec. 760.004.  DUTY OF SPECTATOR.   A spectator shall comply

3-10     with each posted sign or warning that relates to the behavior of

3-11     the spectator in the ice skating center.

3-12           Sec. 760.005.  DUTY OF CHILD.  In determining whether the

3-13     conduct of a child violates Section 760.003 or 760.004, the conduct

3-14     shall be evaluated based on the child's experience, intelligence,

3-15     capacity, and age.

3-16           Sec. 760.006.  LIABILITY.  (a)  Except for actions against an

3-17     operator for gross negligence, malice, or intentional conduct, an

3-18     operator is not liable in negligence for damages for personal

3-19     injury, property damage, or death unless the personal injury,

3-20     property damage, or death is caused by a breach of a duty

3-21     prescribed in Section 760.002.

3-22           (b)  Chapter 33, Civil Practice and Remedies Code, applies to

3-23     an action brought against an operator.

3-24           SECTION 2.  Section 760.006, Health and Safety Code, as added

3-25     by this Act, applies only to a cause of action that accrues on or

3-26     after the effective date of this Act.  A cause of action that

3-27     accrues before the effective date of this Act is governed by the

 4-1     law as it existed immediately before the effective date of this

 4-2     Act, and that law is continued in effect for that purpose.

 4-3           SECTION 3.  This Act takes effect September 1, 1997.

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

 4-5     crowded condition of the calendars in both houses create an

 4-6     emergency and an imperative public necessity that the

 4-7     constitutional rule requiring bills to be read on three several

 4-8     days in each house be suspended, and this rule is hereby suspended.