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