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.


 1-4           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.