84R99 AJA-F
 
  By: Paddie H.B. No. 1040
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the liability of certain sports officials and
  organizations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 94 to read as follows:
  CHAPTER 94. LIABILITY OF SPORTS OFFICIALS AND ORGANIZATIONS
         Sec. 94.001.  DEFINITIONS. In this chapter:
               (1)  "Athletic competition" means any competitive
  group or solo sporting activity and includes:
                     (A)  football, baseball, soccer, basketball,
  hockey, swimming, track, wrestling, bike or foot races, triathlon,
  equestrian competitions, golf, marksmanship competitions, darts,
  billiards, Frisbee golf, fishing tournaments, car racing, and any
  similar activity that involves any aspect of physical competition,
  coordination, endurance, or stamina; and
                     (B)  a rodeo, livestock show, or related event or
  competition.
               (2)  "Sponsoring organization" means the individual,
  club, association, or entity that undertakes to organize,
  underwrite, sanction, or promote:
                     (A)  an interscholastic, intercollegiate, or
  other organized amateur athletic competition; or
                     (B)  any rodeo, livestock show, or related event
  or competition.
               (3)  "Sports official" means a person who officiates,
  judges, or in any manner enforces contest rules in any official
  capacity with respect to:
                     (A)  an interscholastic, intercollegiate, or
  other organized amateur athletic competition and includes a
  referee, umpire, linesman, side judge, track or field marshal,
  timekeeper, or scorekeeper or any other person involved in
  supervising competitive play; or
                     (B)  any rodeo, livestock show, or related event
  or competition.
         Sec. 94.002.  LIABILITY OF SPORTS OFFICIAL. (a)  A sports
  official who is engaged in an athletic competition is not liable for
  civil damages, including personal injury, wrongful death, property
  damage, or other loss related to any act, error, or omission that
  results from a risk inherent in the nature of the competitive
  activity in which the claimant chose to participate unless the act,
  error, or omission constitutes:
               (1)  gross negligence; or
               (2)  wanton, wilful, or intentional misconduct.
         (b)  Whether a risk is inherent in the nature of a
  competitive activity is dependent upon:
               (1)  the nature of the sport in question;
               (2)  the conduct that is generally accepted in the
  sport; and
               (3)  whether the harm occurred during the pursuit of
  the purposes of the competition.
         (c)  A mere violation of the rules of play of an athletic
  competition or failing to call a penalty, missing a call, or failing
  to enforce competition rules cannot in itself form the basis for
  liability under this chapter.
         Sec. 94.003.  LIABILITY OF SPONSORING ORGANIZATION. A
  sponsoring organization cannot be held liable for an act, error, or
  omission of a sports official absent any new, independent, and
  separate act, error, or omission of the sponsoring organization
  that gave rise to the harm.
         SECTION 2.  Chapter 94, Civil Practice and Remedies Code, as
  added by this Act, applies only to an act, error, or omission that
  occurs on or after the effective date of this Act.
         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, 2015.