HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE A. PUBLIC SAFETY

CHAPTER 768.  CHILDREN PARTICIPATING IN RODEOS

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 Services.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch. 868 (S.B. 2505), Sec. 1, eff. June 19, 2009.

Sec. 768.002.  PROTECTIVE GEAR REQUIRED FOR CHILDREN 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 768.004.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch. 868 (S.B. 2505), Sec. 1, eff. June 19, 2009.

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 868 (S.B. 2505), Sec. 1, eff. June 19, 2009.

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 organization.
(c)  The executive commissioner shall adopt rules establishing requirements for the educational program under Section 768.003.
Added by Acts 2009, 81st Leg., R.S., Ch. 868 (S.B. 2505), Sec. 1, eff. June 19, 2009.