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AN ACT
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relating to safety of children who participate in rodeos. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 768 to read as follows: |
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CHAPTER 768. CHILDREN PARTICIPATING IN RODEOS |
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Sec. 768.001. DEFINITIONS. In this chapter: |
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(1) "Bull riding helmet" means a rodeo helmet that is |
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designed to provide substantial protection for a person's head and |
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face during bull riding. |
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(2) "Child" means a person under 18 years of age. |
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(3) "Department" means the Department of State Health |
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Services. |
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(4) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(5) "Protective vest" means protective clothing that |
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covers a person's chest and torso to prevent or mitigate injury to |
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those areas. |
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(6) "Rodeo" means an exhibition or competition, |
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without regard to whether the participants are compensated, |
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involving activities related to cowboy skills, including: |
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(A) riding a horse, with or without a saddle, |
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with the goal of remaining on the horse while it attempts to throw |
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off the rider; |
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(B) riding a bull; |
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(C) roping an animal, including roping as part of |
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a team; |
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(D) wrestling a steer; and |
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(E) riding a horse in a pattern around preset |
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barrels or other obstacles. |
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Sec. 768.002. PROTECTIVE GEAR REQUIRED FOR CHILDREN |
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ENGAGING IN CERTAIN RODEO ACTIVITIES. (a) A child may not engage |
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in, and a parent or legal guardian of the child may not knowingly or |
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recklessly permit the child to engage in, bull riding, including |
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engaging in bull riding outside a rodeo for the purpose of |
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practicing bull riding, unless the child is wearing a bull riding |
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helmet and a protective vest. |
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(b) To satisfy the requirements of this section, a helmet or |
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protective vest must meet the standards adopted under Section |
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768.004. |
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(c) In a cause of action in which damages are sought for |
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injuries or death suffered by a child in connection with bull |
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riding, the failure of the child or of the parent or legal guardian |
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of the child to comply with this chapter does not constitute |
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responsibility causing or contributing to the cause of the child's |
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injuries or death for purposes of Chapter 33, Civil Practice and |
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Remedies Code. |
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Sec. 768.003. RODEOS ASSOCIATED WITH SCHOOL. (a) This |
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section applies only to a primary or secondary school that |
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sponsors, promotes, or otherwise is associated with a rodeo in |
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which children who attend the school are likely to participate. |
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(b) A primary or secondary school to which this section |
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applies shall, before the first rodeo associated with the school in |
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each school year, conduct a mandatory educational program on |
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safety, including the proper use of protective gear, for children |
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planning to participate in the rodeo. The educational program may |
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consist of an instructional video, subject to department approval. |
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(c) A child may not participate in a rodeo associated with |
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the child's school during a school year unless the child has |
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completed the educational program under Subsection (b) not more |
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than one year before the first day of the rodeo. |
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Sec. 768.004. RULES. (a) The executive commissioner by |
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rule shall adopt standards for: |
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(1) bull riding helmets; and |
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(2) protective vests. |
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(b) For purposes of this section, the executive |
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commissioner may adopt standards established under federal law or |
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adopted by a federal agency or a nationally recognized |
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organization. |
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(c) The executive commissioner shall adopt rules |
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establishing requirements for the educational program under |
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Section 768.003. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to a rodeo activity that occurs on or after January 1, 2010. |
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(b) The executive commissioner of the Health and Human |
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Services Commission shall adopt the rules required by Section |
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768.004, Health and Safety Code, as added by this Act, not later |
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than November 1, 2009. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2505 passed the Senate on |
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May 1, 2009, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2505 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 136, |
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Nays 12, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |