1-1 AN ACT
1-2 relating to the operation of ice skating centers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1955 was passed by the House on April
10, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1955 was passed by the Senate on May
6, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor