By: Harris S.B. No. 2505

(In the Senate - Filed April 6, 2009; April 8, 2009, read first time and referred to Committee on State Affairs; April 28, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 28, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 2505 By: Deuell

A BILL TO BE ENTITLED

AN ACT

relating to safety of children who participate in rodeos.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 9, Health and Safety Code, is amended by adding Chapter 768 to read as follows:

CHAPTER 768. CHILDREN PARTICIPATING IN RODEOS

Sec. 768.001. DEFINITIONS. In this chapter:

(1) "Bull riding helmet" means a rodeo helmet that is designed to provide substantial protection for a person's head and face during bull riding.

(2) "Child" means a person under 18 years of age.

(3) "Department" means the Department of State Health Services.

(4) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(5) "Protective vest" means protective clothing that covers a person's chest and torso to prevent or mitigate injury to those areas.

(6) "Rodeo" means an exhibition or competition, without regard to whether the participants are compensated, involving activities related to cowboy skills, including:

(A) riding a horse, with or without a saddle, with the goal of remaining on the horse while it attempts to throw off the rider;

(B) riding a bull;

(C) roping an animal, including roping as part of a team;

(D) wrestling a steer; and

(E) riding a horse in a pattern around preset barrels or other obstacles.

(7) "Rodeo helmet" means headgear that is designed to provide protection for a person's head during a rodeo activity other than bull riding.

Sec. 768.002. PROTECTIVE GEAR REQUIRED FOR CHILDREN PARTICIPATING IN CERTAIN RODEO ACTIVITIES. (a) A child may not participate in:

(1) a rodeo activity described by Section 768.001(6)(A) or (D) unless the child wears a rodeo helmet; or

(2) bull riding unless the child wears a bull riding helmet and a protective vest.

(b) A parent or legal guardian of the child may not knowingly or recklessly permit the child to participate in:

(1) a rodeo activity described by Section 768.001(6)(A) or (D) unless the child is wearing a rodeo helmet; or

(2) bull riding unless the child is wearing a bull riding helmet and protective vest.

(c) To satisfy the requirements of this section, a helmet or protective vest must meet the standards adopted under Section 768.004.

(d) In a cause of action in which damages are sought for injuries or death suffered by a child in connection with a rodeo activity, including bull riding, the failure of the child or of the parent or legal guardian of the child to comply with this chapter does not constitute responsibility causing or contributing to the cause of the child's injuries or death for purposes of Chapter 33, Civil Practice and Remedies Code.

Sec. 768.003. RODEOS ASSOCIATED WITH SCHOOL. (a) This section applies only to a primary or secondary school that sponsors, promotes, or otherwise is associated with a rodeo in which children who attend the school are likely to participate.

(b) A primary or secondary school to which this section applies shall, not more than 14 days before each rodeo associated with the school, conduct a mandatory educational program on safety, including the proper use of protective gear, for children planning to participate in the rodeo. The educational program may consist of an instructional video, subject to department approval.

(c) A child may not participate in a rodeo associated with the child's school unless the child completes the educational program under this section not more than 14 days before the first day of the rodeo.

Sec. 768.004. RULES. (a) The executive commissioner by rule shall adopt standards for:

(1) rodeo helmets;

(2) bull riding helmets; and

(3) protective vests.

(b) For purposes of this section, the executive commissioner may adopt standards established under federal law or adopted by a federal agency or a nationally recognized organization.

(c) The executive commissioner shall adopt rules establishing requirements for the educational program under Section 768.003.

SECTION 2. (a) The change in law made by this Act applies only to a rodeo activity that occurs on or after January 1, 2010.

(b) The executive commissioner of the Health and Human Services Commission shall adopt the rules required by Section 768.004, Health and Safety Code, as added by this Act, not later than November 1, 2009.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

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