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.