S.B. No. 2505
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.
Sec. 768.002. PROTECTIVE GEAR REQUIRED FOR CHILDREN
ENGAGING IN CERTAIN RODEO ACTIVITIES. (a) A child may not engage
in, and a parent or legal guardian of the child may not knowingly or
recklessly permit the child to engage in, bull riding, including
engaging in bull riding outside a rodeo for the purpose of
practicing bull riding, unless the child is wearing a bull riding
helmet and a protective vest.
(b) To satisfy the requirements of this section, a helmet or
protective vest must meet the standards adopted under Section
768.004.
(c) In a cause of action in which damages are sought for
injuries or death suffered by a child in connection with 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, before the first rodeo associated with the school in
each school year, 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 during a school year unless the child has
completed the educational program under Subsection (b) not more
than one year before the first day of the rodeo.
Sec. 768.004. RULES. (a) The executive commissioner by
rule shall adopt standards for:
(1) bull riding helmets; and
(2) 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2505 passed the Senate on
May 1, 2009, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2505 passed the House, with
amendment, on May 27, 2009, by the following vote: Yeas 136,
Nays 12, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor