CHAPTER 768. CHILDREN PARTICIPATING IN RODEOS

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, 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, 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, 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, Sec. 1, eff. June 19, 2009.