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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of trampoline courts as amusement rides. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2151.002, Occupations Code, is amended |
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by amending Subdivision (1) and adding Subdivisions (7) and (8) to |
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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 or a trampoline |
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court. The term does not 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, a seesaw, a stationary spring-mounted animal |
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feature, a rider-propelled merry-go-round, a climber, a playground |
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slide, a trampoline that is not part of a trampoline court, or a |
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[and] physical fitness device; or |
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(C) a challenge course or any part of a challenge |
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course if the person who operates the challenge course has an |
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insurance policy currently in effect written by an insurance |
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company authorized to do business in this state or by a surplus |
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lines insurer, as defined by Chapter 981, Insurance Code, or has an |
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independently procured policy subject to Chapter 101, Insurance |
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Code, insuring the operator against liability for injury to persons |
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arising out of the use of the challenge course, in an amount not |
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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 a |
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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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(7) "Trampoline court" means a commercial facility |
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with a defined area containing one or more trampolines or a series |
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of trampolines or a trampoline court foam pit or a series of |
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trampoline court foam pits. The term does not include a gymnastic |
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training facility that only uses trampolines or trampoline court |
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foam pits during the supervised instruction of gymnastic skills. |
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(8) "Trampoline court foam pit" means a trampoline |
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dismount area filled with loose, impact-absorbing foam blocks. |
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SECTION 2. The commissioner of insurance shall adopt rules |
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necessary to implement the changes in law made by this Act not later |
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than December 1, 2023. |
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SECTION 3. Notwithstanding the changes in law made by this |
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Act, a person operating a trampoline court that was in operation |
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before December 1, 2023, is not required to satisfy the |
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requirements for operation under Section 2151.101, Occupations |
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Code, before March 1, 2024. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect December 1, 2023. |
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(b) Sections 2 and 3 of this Act take effect September 1, |
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2023. |