By Hilbert H.B. No. 1955
75R5338 DLF-F
A BILL TO BE ENTITLED
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 a facility or a portion
1-9 of a facility that is specifically designed for ice skating by the
1-10 public.
1-11 (2) "Operator" means a person who owns, controls, or
1-12 has operational responsibility for an ice skating center.
1-13 (3) "Spectator" means an individual who is present in
1-14 an ice skating center only to observe ice skating, regardless of
1-15 whether the skating is recreational or competitive.
1-16 Sec. 760.002. DUTIES OF OPERATOR. An operator shall:
1-17 (1) provide at least one individual to act as a rink
1-18 monitor for approximately every 200 ice skaters at any time skating
1-19 is allowed;
1-20 (2) require a rink monitor to:
1-21 (A) wear attire that identifies the individual
1-22 as a rink monitor;
1-23 (B) direct and supervise skaters and spectators;
1-24 and
2-1 (C) watch for foreign objects that may have
2-2 fallen on the ice skating surface;
2-3 (3) inspect and maintain in good condition the ice
2-4 skating surface and the floors, railings, boards, and walls
2-5 surrounding the ice skating surface;
2-6 (4) inspect and maintain in good mechanical condition
2-7 ice skating equipment that the operator leases or rents to ice
2-8 skaters;
2-9 (5) comply with the risk management guidelines for ice
2-10 skating rinks endorsed by the board of directors of the Ice Skating
2-11 Institute of America on August 27, 1996;
2-12 (6) post the duties of ice skaters and spectators
2-13 prescribed by this chapter in conspicuous places in the ice skating
2-14 center; and
2-15 (7) maintain the stability and legibility of all
2-16 required signs, symbols, and posted notices.
2-17 Sec. 760.003. DUTIES OF ICE SKATERS. (a) An ice skater
2-18 shall:
2-19 (1) comply with each posted sign or warning that
2-20 relates to the behavior and responsibility of the ice skater in the
2-21 ice skating center;
2-22 (2) obey instructions given by the operator, rink
2-23 monitor, or other ice skating center personnel;
2-24 (3) maintain reasonable control over the speed and
2-25 direction of the ice skater's skating at all times;
2-26 (4) be reasonably aware of other ice skaters or
2-27 objects in the ice skating center to avoid colliding with other ice
3-1 skaters or objects; and
3-2 (5) know the ice skater's ability to control the
3-3 intended direction of skating and skate within the limits of that
3-4 ability.
3-5 (b) An ice skater may not act in a manner that may cause
3-6 injury to others.
3-7 Sec. 760.004. DUTY OF SPECTATOR. A spectator shall comply
3-8 with each posted sign or warning that relates to the behavior of
3-9 the spectator in the ice skating center.
3-10 Sec. 760.005. DUTY OF CHILD. In determining whether the
3-11 conduct of a child violates Section 760.003 or 760.004, the conduct
3-12 shall be evaluated based on the child's experience, intelligence,
3-13 capacity, and age.
3-14 Sec. 760.006. LIABILITY. (a) An operator is not liable for
3-15 damages for personal injury, property damage, or death unless the
3-16 personal injury, property damage, or death is caused by a breach of
3-17 the operator's duties prescribed by Section 760.002.
3-18 (b) Chapter 33, Civil Practice and Remedies Code, applies to
3-19 an action brought against an operator.
3-20 SECTION 2. Section 760.006, Health and Safety Code, as added
3-21 by this Act, applies only to a cause of action that accrues on or
3-22 after the effective date of this Act. A cause of action that
3-23 accrues before the effective date of this Act is governed by the
3-24 law as it existed immediately before the effective date of this
3-25 Act, and that law is continued in effect for that purpose.
3-26 SECTION 3. This Act takes effect September 1, 1997.
3-27 SECTION 4. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.
4-5 COMMITTEE AMENDMENT NO. 1
4-6 Amend SECTION 1, Sec. 760.002(2)(C) by adding the phrase
4-7 "remove in a timely fashion all" between the words "for" and
4-8 "foreign".
4-9 Amend SECTION 1, Sec. 760.002 by adding a new subsection (8)
4-10 to read as follows:
4-11 "(8) maintain liability insurance of at least $500,000
4-12 combined single limits for personal injury, death or property
4-13 damage."
4-14 Amend SECTION 1, Sec. 760.006(a) by striking the current (a)
4-15 and replacing it to read as follows:
4-16 "(a) Except for actions against an operator for gross
4-17 negligence, malice, or intentional conduct, an operator is not
4-18 liable in negligence for damages for personal injury, property
4-19 damage or death unless the personal injury, property damage or
4-20 death is caused by a breach of a duty prescribed in Section
4-21 760.002."
4-22 Horn