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