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. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 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. 2-29 * * * * *