1-1     By:  Hilbert (Senate Sponsor - Patterson)             H.B. No. 1955

 1-2           (In the Senate - Received from the House April 11, 1997;

 1-3     April 14, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 2, 1997, reported favorably by the following vote:

 1-5     Yeas 13, Nays 0; May 2, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the operation of ice skating centers.


1-10           SECTION 1.  Subtitle A, Title 9, Health and Safety Code, is

1-11     amended by adding Chapter 760 to read as follows:

1-12                      CHAPTER 760.  ICE SKATING CENTERS

1-13           Sec. 760.001.  DEFINITIONS.  In this chapter:

1-14                 (1)  "Ice skating center" means that portion of a

1-15     facility that is designed for ice skating by the public.

1-16                 (2)  "Operator" means a person who owns, controls, or

1-17     has operational responsibility for an ice skating center.

1-18                 (3)  "Spectator" means an individual who is present in

1-19     an ice skating center only to observe ice skating, regardless of

1-20     whether the skating is recreational or competitive.

1-21           Sec. 760.002.  DUTIES OF OPERATOR.  An operator shall:

1-22                 (1)  provide at least one individual to act as a rink

1-23     monitor for approximately every 200 ice skaters at any time public

1-24     skating is allowed;

1-25                 (2)  require a rink monitor to:

1-26                       (A)  wear attire that identifies the individual

1-27     as a rink monitor;

1-28                       (B)  direct and supervise skaters and spectators;

1-29     and

1-30                       (C)  watch for and remove in a timely fashion all

1-31     foreign objects that may have fallen on the ice skating surface;

1-32                 (3)  inspect and maintain in good condition the ice

1-33     skating surface and the floors, railings, boards, and walls

1-34     surrounding the ice skating surface;

1-35                 (4)  inspect and maintain in good mechanical condition

1-36     ice skating equipment that the operator leases or rents to ice

1-37     skaters;

1-38                 (5)  comply with the risk management guidelines for ice

1-39     skating rinks endorsed by the board of directors of the Ice Skating

1-40     Institute of America on August 27, 1996;

1-41                 (6)  post the duties of ice skaters and spectators

1-42     prescribed by this chapter in conspicuous places in the ice skating

1-43     center;

1-44                 (7)  maintain the stability and legibility of all

1-45     required signs, symbols, and posted notices; and

1-46                 (8)  maintain liability insurance of at least $500,000

1-47     combined single limits for personal injury, death, or property

1-48     damage.

1-49           Sec. 760.003.  DUTIES OF ICE SKATERS.  (a) An ice skater

1-50     shall:

1-51                 (1)  comply with each posted sign or warning that

1-52     relates to the behavior and responsibility of the ice skater in the

1-53     ice skating center;

1-54                 (2)  obey instructions given by the operator, rink

1-55     monitor, or other ice skating center personnel;

1-56                 (3)  maintain reasonable control over the speed and

1-57     direction of the ice skater's skating at all times;

1-58                 (4)  be reasonably aware of other ice skaters or

1-59     objects in the ice skating center to avoid colliding with other ice

1-60     skaters or objects; and

1-61                 (5)  know the ice skater's ability to control the

1-62     intended direction of skating and skate within the limits of that

1-63     ability.

1-64           (b)  An ice skater may not act in a manner that may cause

 2-1     injury to others.

 2-2           Sec. 760.004.  DUTY OF SPECTATOR.   A spectator shall comply

 2-3     with each posted sign or warning that relates to the behavior of

 2-4     the spectator in the ice skating center.

 2-5           Sec. 760.005.  DUTY OF CHILD.  In determining whether the

 2-6     conduct of a child violates Section 760.003 or 760.004, the conduct

 2-7     shall be evaluated based on the child's experience, intelligence,

 2-8     capacity, and age.

 2-9           Sec. 760.006.  LIABILITY.  (a)  Except for actions against an

2-10     operator for gross negligence, malice, or intentional conduct, an

2-11     operator is not liable in negligence for damages for personal

2-12     injury, property damage, or death unless the personal injury,

2-13     property damage, or death is caused by a breach of a duty

2-14     prescribed in Section 760.002.

2-15           (b)  Chapter 33, Civil Practice and Remedies Code, applies to

2-16     an action brought against an operator.

2-17           SECTION 2.  Section 760.006, Health and Safety Code, as added

2-18     by this Act, applies only to a cause of action that accrues on or

2-19     after the effective date of this Act.  A cause of action that

2-20     accrues before the effective date of this Act is governed by the

2-21     law as it existed immediately before the effective date of this

2-22     Act, and that law is continued in effect for that purpose.

2-23           SECTION 3.  This Act takes effect September 1, 1997.

2-24           SECTION 4.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

2-28     days in each house be suspended, and this rule is hereby suspended.

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