Texas 2015 - 84th Regular

Texas House Bill HB1040 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Paddie (Senate Sponsor - Hancock) H.B. No. 1040
2		-	(In the Senate - Received from the House April 27, 2015;
3		-	May 4, 2015, read first time and referred to Committee on State
4		-	Affairs; May 12, 2015, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 12, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1040
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the liability of certain sports officials and
12	6		organizations.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Title 4, Civil Practice and Remedies Code, is
15	9		amended by adding Chapter 94 to read as follows:
16	10		CHAPTER 94. LIABILITY OF SPORTS OFFICIALS AND ORGANIZATIONS
17	11		Sec. 94.001. DEFINITIONS. In this chapter:
18	12		(1) "Athletic competition" means any competitive
19	13		group or solo sporting activity and includes:
20	14		(A) football, baseball, soccer, basketball,
21	15		hockey, swimming, track, wrestling, bike or foot races, triathlon,
22	16		equestrian competitions, golf, marksmanship competitions, darts,
23	17		billiards, Frisbee golf, fishing tournaments, car racing, and any
24	18		similar activity that involves any aspect of physical competition,
25	19		coordination, endurance, or stamina; and
26	20		(B) a rodeo, livestock show, or related event or
27	21		competition.
28	22		(2) "Sponsoring organization" means the individual,
29	23		club, association, or entity that undertakes to organize,
30	24		underwrite, sanction, or promote:
31	25		(A) an interscholastic, intercollegiate, or
32	26		other organized amateur athletic competition; or
33	27		(B) any rodeo, livestock show, or related event
34	28		or competition.
35	29		(3) "Sports official" means a person who officiates,
36	30		judges, or in any manner enforces contest rules in any official
37	31		capacity with respect to:
38	32		(A) an interscholastic, intercollegiate, or
39	33		other organized amateur athletic competition and includes a
40	34		referee, umpire, linesman, side judge, track or field marshal,
41	35		timekeeper, or scorekeeper or any other person involved in
42	36		supervising competitive play; or
43	37		(B) any rodeo, livestock show, or related event
44	38		or competition.
45	39		Sec. 94.002. LIABILITY OF SPORTS OFFICIAL. (a) A sports
46	40		official who is engaged in an athletic competition is not liable for
47	41		civil damages, including personal injury, wrongful death, property
48	42		damage, or other loss related to any act, error, or omission that
49	43		results from a risk inherent in the nature of the competitive
50	44		activity in which the claimant chose to participate unless the act,
51	45		error, or omission constitutes:
52	46		(1) gross negligence; or
53	47		(2) wanton, wilful, or intentional misconduct.
54	48		(b) Whether a risk is inherent in the nature of a
55	49		competitive activity is dependent upon:
56	50		(1) the nature of the sport in question;
57	51		(2) the conduct that is generally accepted in the
58	52		sport; and
59	53		(3) whether the harm occurred during the pursuit of
60	54		the purposes of the competition.
61	55		(c) A mere violation of the rules of play of an athletic
62	56		competition or failing to call a penalty, missing a call, or failing
63	57		to enforce competition rules cannot in itself form the basis for
64	58		liability under this chapter.
65	59		Sec. 94.003. LIABILITY OF SPONSORING ORGANIZATION. A
66	60		sponsoring organization cannot be held liable for an act, error, or
67	61		omission of a sports official absent any new, independent, and
68	62		separate act, error, or omission of the sponsoring organization
69	63		that gave rise to the harm.
70	64		SECTION 2. Chapter 94, Civil Practice and Remedies Code, as
71	65		added by this Act, applies only to an act, error, or omission that
72	66		occurs on or after the effective date of this Act.
73	67		SECTION 3. This Act takes effect immediately if it receives
74	68		a vote of two-thirds of all the members elected to each house, as
75	69		provided by Section 39, Article III, Texas Constitution. If this
76	70		Act does not receive the vote necessary for immediate effect, this
77	71		Act takes effect September 1, 2015.
78		-	* * * * *
	72	+	______________________________ ______________________________
	73	+	President of the Senate Speaker of the House
	74	+	I certify that H.B. No. 1040 was passed by the House on April
	75	+	23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not
	76	+	voting.
	77	+	______________________________
	78	+	Chief Clerk of the House
	79	+	I certify that H.B. No. 1040 was passed by the Senate on May
	80	+	20, 2015, by the following vote: Yeas 31, Nays 0.
	81	+	______________________________
	82	+	Secretary of the Senate
	83	+	APPROVED: _____________________
	84	+	Date
	85	+	_____________________
	86	+	Governor