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AN ACT
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relating to the liability of certain sports officials and |
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organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 94 to read as follows: |
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CHAPTER 94. LIABILITY OF SPORTS OFFICIALS AND ORGANIZATIONS |
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Sec. 94.001. DEFINITIONS. In this chapter: |
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(1) "Athletic competition" means any competitive |
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group or solo sporting activity and includes: |
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(A) football, baseball, soccer, basketball, |
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hockey, swimming, track, wrestling, bike or foot races, triathlon, |
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equestrian competitions, golf, marksmanship competitions, darts, |
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billiards, Frisbee golf, fishing tournaments, car racing, and any |
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similar activity that involves any aspect of physical competition, |
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coordination, endurance, or stamina; and |
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(B) a rodeo, livestock show, or related event or |
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competition. |
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(2) "Sponsoring organization" means the individual, |
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club, association, or entity that undertakes to organize, |
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underwrite, sanction, or promote: |
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(A) an interscholastic, intercollegiate, or |
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other organized amateur athletic competition; or |
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(B) any rodeo, livestock show, or related event |
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or competition. |
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(3) "Sports official" means a person who officiates, |
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judges, or in any manner enforces contest rules in any official |
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capacity with respect to: |
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(A) an interscholastic, intercollegiate, or |
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other organized amateur athletic competition and includes a |
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referee, umpire, linesman, side judge, track or field marshal, |
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timekeeper, or scorekeeper or any other person involved in |
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supervising competitive play; or |
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(B) any rodeo, livestock show, or related event |
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or competition. |
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Sec. 94.002. LIABILITY OF SPORTS OFFICIAL. (a) A sports |
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official who is engaged in an athletic competition is not liable for |
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civil damages, including personal injury, wrongful death, property |
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damage, or other loss related to any act, error, or omission that |
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results from a risk inherent in the nature of the competitive |
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activity in which the claimant chose to participate unless the act, |
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error, or omission constitutes: |
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(1) gross negligence; or |
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(2) wanton, wilful, or intentional misconduct. |
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(b) Whether a risk is inherent in the nature of a |
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competitive activity is dependent upon: |
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(1) the nature of the sport in question; |
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(2) the conduct that is generally accepted in the |
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sport; and |
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(3) whether the harm occurred during the pursuit of |
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the purposes of the competition. |
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(c) A mere violation of the rules of play of an athletic |
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competition or failing to call a penalty, missing a call, or failing |
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to enforce competition rules cannot in itself form the basis for |
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liability under this chapter. |
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Sec. 94.003. LIABILITY OF SPONSORING ORGANIZATION. A |
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sponsoring organization cannot be held liable for an act, error, or |
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omission of a sports official absent any new, independent, and |
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separate act, error, or omission of the sponsoring organization |
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that gave rise to the harm. |
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SECTION 2. Chapter 94, Civil Practice and Remedies Code, as |
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added by this Act, applies only to an act, error, or omission that |
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occurs on or after the effective date of this Act. |
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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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1040 was passed by the House on April |
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23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1040 was passed by the Senate on May |
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20, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |