Texas 2009 - 81st Regular

Texas Senate Bill SB2505 Compare Versions

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Old	New	Differences
1	1	S.B. No. 2505
2	2
3	3
4	4	AN ACT
5	5	relating to safety of children who participate in rodeos.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
8	8	amended by adding Chapter 768 to read as follows:
9	9	CHAPTER 768. CHILDREN PARTICIPATING IN RODEOS
10	10	Sec. 768.001. DEFINITIONS. In this chapter:
11	11	(1) "Bull riding helmet" means a rodeo helmet that is
12	12	designed to provide substantial protection for a person's head and
13	13	face during bull riding.
14	14	(2) "Child" means a person under 18 years of age.
15	15	(3) "Department" means the Department of State Health
16	16	Services.
17	17	(4) "Executive commissioner" means the executive
18	18	commissioner of the Health and Human Services Commission.
19	19	(5) "Protective vest" means protective clothing that
20	20	covers a person's chest and torso to prevent or mitigate injury to
21	21	those areas.
22	22	(6) "Rodeo" means an exhibition or competition,
23	23	without regard to whether the participants are compensated,
24	24	involving activities related to cowboy skills, including:
25	25	(A) riding a horse, with or without a saddle,
26	26	with the goal of remaining on the horse while it attempts to throw
27	27	off the rider;
28	28	(B) riding a bull;
29	29	(C) roping an animal, including roping as part of
30	30	a team;
31	31	(D) wrestling a steer; and
32	32	(E) riding a horse in a pattern around preset
33	33	barrels or other obstacles.
34	34	Sec. 768.002. PROTECTIVE GEAR REQUIRED FOR CHILDREN
35	35	ENGAGING IN CERTAIN RODEO ACTIVITIES. (a) A child may not engage
36	36	in, and a parent or legal guardian of the child may not knowingly or
37	37	recklessly permit the child to engage in, bull riding, including
38	38	engaging in bull riding outside a rodeo for the purpose of
39	39	practicing bull riding, unless the child is wearing a bull riding
40	40	helmet and a protective vest.
41	41	(b) To satisfy the requirements of this section, a helmet or
42	42	protective vest must meet the standards adopted under Section
43	43	768.004.
44	44	(c) In a cause of action in which damages are sought for
45	45	injuries or death suffered by a child in connection with bull
46	46	riding, the failure of the child or of the parent or legal guardian
47	47	of the child to comply with this chapter does not constitute
48	48	responsibility causing or contributing to the cause of the child's
49	49	injuries or death for purposes of Chapter 33, Civil Practice and
50	50	Remedies Code.
51	51	Sec. 768.003. RODEOS ASSOCIATED WITH SCHOOL. (a) This
52	52	section applies only to a primary or secondary school that
53	53	sponsors, promotes, or otherwise is associated with a rodeo in
54	54	which children who attend the school are likely to participate.
55	55	(b) A primary or secondary school to which this section
56	56	applies shall, before the first rodeo associated with the school in
57	57	each school year, conduct a mandatory educational program on
58	58	safety, including the proper use of protective gear, for children
59	59	planning to participate in the rodeo. The educational program may
60	60	consist of an instructional video, subject to department approval.
61	61	(c) A child may not participate in a rodeo associated with
62	62	the child's school during a school year unless the child has
63	63	completed the educational program under Subsection (b) not more
64	64	than one year before the first day of the rodeo.
65	65	Sec. 768.004. RULES. (a) The executive commissioner by
66	66	rule shall adopt standards for:
67	67	(1) bull riding helmets; and
68	68	(2) protective vests.
69	69	(b) For purposes of this section, the executive
70	70	commissioner may adopt standards established under federal law or
71	71	adopted by a federal agency or a nationally recognized
72	72	organization.
73	73	(c) The executive commissioner shall adopt rules
74	74	establishing requirements for the educational program under
75	75	Section 768.003.
76	76	SECTION 2. (a) The change in law made by this Act applies
77	77	only to a rodeo activity that occurs on or after January 1, 2010.
78	78	(b) The executive commissioner of the Health and Human
79	79	Services Commission shall adopt the rules required by Section
80	80	768.004, Health and Safety Code, as added by this Act, not later
81	81	than November 1, 2009.
82	82	SECTION 3. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect September 1, 2009.
87	87	______________________________ ______________________________
88	88	President of the Senate Speaker of the House
89	89	I hereby certify that S.B. No. 2505 passed the Senate on
90	90	May 1, 2009, by the following vote: Yeas 31, Nays 0; and that the
91	91	Senate concurred in House amendment on May 29, 2009, by the
92	92	following vote: Yeas 31, Nays 0.
93	93	______________________________
94	94	Secretary of the Senate
95	95	I hereby certify that S.B. No. 2505 passed the House, with
96	96	amendment, on May 27, 2009, by the following vote: Yeas 136,
97	97	Nays 12, one present not voting.
98	98	______________________________
99	99	Chief Clerk of the House
100	100	Approved:
101	101	______________________________
102	102	Date
103	103	______________________________
104	104	Governor