2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
CHAPTER 760. ICE SKATING CENTERS  

HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE A. PUBLIC SAFETY

CHAPTER 760. ICE SKATING CENTERS

Sec. 760.001. DEFINITIONS. In this chapter:

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

is designed for ice skating by the public.

(2) "Operator" means a person who owns, controls, or has

operational responsibility for an ice skating center.

(3) "Spectator" means an individual who is present in an ice

skating center only to observe ice skating, regardless of whether

the skating is recreational or competitive.

Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1,

1997.

Sec. 760.002. DUTIES OF OPERATOR. An operator shall:

(1) provide at least one individual to act as a rink monitor for

approximately every 200 ice skaters at any time public skating is

allowed;

(2) require a rink monitor to:

(A) wear attire that identifies the individual as a rink

monitor;

(B) direct and supervise skaters and spectators; and

(C) watch for and remove in a timely fashion all foreign objects

that may have fallen on the ice skating surface;

(3) inspect and maintain in good condition the ice skating

surface and the floors, railings, boards, and walls surrounding

the ice skating surface;

(4) inspect and maintain in good mechanical condition ice

skating equipment that the operator leases or rents to ice

skaters;

(5) comply with the risk management guidelines for ice skating

rinks endorsed by the board of directors of the Ice Skating

Institute of America on August 27, 1996;

(6) post the duties of ice skaters and spectators prescribed by

this chapter in conspicuous places in the ice skating center;

(7) maintain the stability and legibility of all required signs,

symbols, and posted notices; and

(8) maintain liability insurance of at least $500,000 combined

single limits for personal injury, death, or property damage.

Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1,

1997.

Sec. 760.003. DUTIES OF ICE SKATERS. (a) An ice skater shall:

(1) comply with each posted sign or warning that relates to the

behavior and responsibility of the ice skater in the ice skating

center;

(2) obey instructions given by the operator, rink monitor, or

other ice skating center personnel;

(3) maintain reasonable control over the speed and direction of

the ice skater's skating at all times;

(4) be reasonably aware of other ice skaters or objects in the

ice skating center to avoid colliding with other ice skaters or

objects; and

(5) know the ice skater's ability to control the intended

direction of skating and skate within the limits of that ability.

(b) An ice skater may not act in a manner that may cause injury

to others.

Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1,

1997.

Sec. 760.004. DUTY OF SPECTATOR. A spectator shall comply with

each posted sign or warning that relates to the behavior of the

spectator in the ice skating center.

Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1,

1997.

Sec. 760.005. DUTY OF CHILD. In determining whether the conduct

of a child violates Section 760.003 or 760.004, the conduct shall

be evaluated based on the child's experience, intelligence,

capacity, and age.

Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1,

1997.

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

operator for gross negligence, malice, or intentional conduct, an

operator is not liable in negligence for damages for personal

injury, property damage, or death unless the personal injury,

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

prescribed in Section 760.002.

(b) Chapter 33, Civil Practice and Remedies Code, applies to an

action brought against an operator.

Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1,

1997.