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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of sports officials and organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 94 to read as follows: |
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CHAPTER 94. LIABILITY OF SPORTS OFFICIALS AND ORGANIZATIONS |
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Sec. 94.001. DEFINITIONS. In this chapter: |
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(1) "Sports official" means a person who officiates, |
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judges, or in any manner enforces contest rules in any official |
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capacity with respect to an interscholastic, intercollegiate, or |
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other organized amateur or professional athletic competition and |
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includes a referee, umpire, linesman, side-judge, track or field |
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marshal, timekeeper, or scorekeeper or any other person involved in |
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supervising competitive play. |
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(2) "Athletic competition" means any competitive |
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group or solo sporting activity and includes football, baseball, |
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soccer, basketball, hockey, swimming, track, wrestling, bike or |
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foot races, triathlon, equestrian competitions, golf, marksmanship |
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competitions, darts, billiards, Frisbee golf, fishing tournaments, |
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car racing, or any similar activity that involves any aspect of |
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physical competition, coordination, endurance, or stamina. |
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(3) "Sponsoring organization" means the individual, |
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club, association, or entity that undertakes to organize, |
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underwrite, sanction, or promote an athletic competition. |
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Sec. 94.002. LIABILITY OF SPORTS OFFICIAL. (a) A sports |
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official who is engaged in an athletic competition is not liable for |
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civil damages, including personal injury, wrongful death, property |
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damage, or other loss related to any act, error, or omission that |
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results from a risk inherent in the nature of the competitive |
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activity in which the claimant chose to participate unless the act, |
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error, or omission constitutes: |
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(1) gross negligence; or |
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(2) wanton, wilful, or intentional conduct. |
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(b) Whether a risk is inherent in the nature of a |
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competitive activity is dependent upon: |
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(1) the nature of the sport in question; |
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(2) the conduct that is generally accepted in the |
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sport; and |
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(3) whether the harm occurred during the pursuit of |
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the purposes of the competition. |
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(c) A mere violation of the rules of play of an athletic |
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competition or failing to call a penalty, missing a call, or failing |
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to enforce competition rules cannot in itself form the basis for |
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liability under this chapter. |
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Sec. 94.003. LIABILITY OF SPONSORING ORGANIZATION. A |
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sponsoring organization cannot be held liable for an act, error, or |
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omission of a sports official absent any new, independent, and |
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separate act, error, or omission of the sponsoring organization |
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that gave rise to the harm. |
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SECTION 2. Chapter 94, Civil Practice and Remedies Code, as |
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added by this Act, applies only to an act, error, or omission that |
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occurs on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |