Bill Text: TX HB1040 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the liability of certain sports officials and organizations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-09 - Effective immediately [HB1040 Detail]
Download: Texas-2015-HB1040-Enrolled.html
H.B. No. 1040 |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1040 was passed by the House on April | ||
23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1040 was passed by the Senate on May | ||
20, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |