H.B. No. 1040

	AN ACT
	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