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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of amusement ride for purposes of |
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amusement ride regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2151.002(1), Occupations Code, is |
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amended to read as follows: |
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(1) "Amusement ride" means a mechanical device that |
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carries passengers along, around, or over a fixed or restricted |
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course or within a defined area for the purpose of giving the |
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passengers amusement, pleasure, or excitement. The term does not |
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include: |
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(A) a coin-operated ride that: |
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(i) is manually, mechanically, or |
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electrically operated; |
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(ii) is customarily placed in a public |
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location; and |
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(iii) does not normally require the |
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supervision or services of an operator; |
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(B) nonmechanized playground equipment, |
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including a swing, seesaw, stationary spring-mounted animal |
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feature, rider-propelled merry-go-round, climber, playground |
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slide, trampoline, and physical fitness device; [or] |
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(C) a challenge course or any part of a challenge |
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course that is excepted from this chapter under Section 2151.107; |
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or |
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(D) a waterslide, even if operated by a |
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mechanical device, in which passengers are carried along a course |
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that: |
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(i) is less than 200 feet in length; |
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(ii) is substantially constructed from |
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vinyl or vinyl coated polyester; and |
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(iii) is not mechanically inflated using a |
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continuous airflow device [if the person who operates the challenge |
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course has an insurance policy currently in effect written by an |
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insurance company authorized to do business in this state or by a |
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surplus lines insurer, as defined by Chapter 981, Insurance Code, |
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or has an independently procured policy subject to Chapter 101, |
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Insurance Code, insuring the operator against liability for injury |
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to persons arising out of the use of the challenge course, in an |
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amount not less than: |
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[(i) for facilities with a fixed location: |
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[(a) $100,000 bodily injury and |
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$50,000 property damage per occurrence, with a $300,000 annual |
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aggregate; or |
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[(b) a $150,000 per occurrence |
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combined single limit, with a $300,000 annual aggregate; and |
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[(ii) for facilities other than those with |
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a fixed location: |
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[(a) $1,000,000 bodily injury and |
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$500,000 property damage per occurrence; or |
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[(b) $1,500,000 per occurrence |
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combined single limit]. |
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SECTION 2. This Act takes effect September 1, 2023. |