By Chavez H.B. No. 317
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to amusement park safety.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 9, Health and Safety Code, is amended by
1-5 adding a new Chapter 761 to read as follows:
1-6 CHAPTER 761. AMUSEMENT PARK RIDES
1-7 Sec. 761.001. GENERAL PROVISIONS. DEFINITIONS:
1-8 (1) "Amusement park" means any permanent indoor or
1-9 outdoor facility or park where amusement rides are available for
1-10 use by the general public; term specific only to permanent
1-11 amusement and water parks;
1-12 (2) "Amusement ride" has the meaning assigned by
1-13 Section 2, Art. 21.60, Insurance Code. In addition, the term
1-14 includes any water-based recreational attraction, including all
1-15 waterslides, wavepools and waterparks;
1-16 (3) "Amusement rider operator" means a person, firm or
1-17 corporation that is engaged in operating for the public an
1-18 amusement structure or ride at a permanent amusement or waterpark;
1-19 (4) "Rider" means a person who is:
1-20 (A) waiting in the immediate vicinity of an
1-21 amusement ride in order to get on that ride;
2-1 (B) in the process of leaving the ride but
2-2 remains in its' immediate vicinity; or
2-3 (C) a participant or passenger on an amusement
2-4 ride.
2-5 Sec. 761.002. SAFETY ON AMUSEMENT RIDES. (a) An amusement
2-6 park shall inform riders in writing, where appropriate, of the
2-7 nature of the ride, including the factors which would assist riders
2-8 in determining whether they should participate in the ride activity
2-9 and the rules concerning conduct on each ride. Information may be
2-10 given verbally at the beginning of each ride or posted in writing
2-11 conspicuously at the entrance of each ride.
2-12 (b) Riders are responsible for abiding by the posted rules
2-13 and verbal instructions of the amusement park operator.
2-14 (c) A rider may not:
2-15 (1) board or dismount from an amusement ride except at
2-16 the designated area;
2-17 (2) board an amusement ride if he or she has a
2-18 physical condition that may be aggravated by participation in the
2-19 ride;
2-20 (3) disconnect, disable or attempt to disable,
2-21 disconnect, any safety device safety device, seat belt, harness, or
2-22 other restraining device, before, during or after movement of an
2-23 amusement ride except at the express instruction of the ride
2-24 operator;
2-25 (4) throw or expel any object from an amusement ride;
3-1 (5) act in any manner contrary to posted or oral rules
3-2 while boarding, riding or dismounting from an amusement ride; or
3-3 (5) engange in any reckless act or activity which may
3-4 injure himself or others.
3-5 (d) A rider may not board or attempt to board an amusement
3-6 ride if he or she is intoxicated:
3-7 (1) an operator of an amusement park may prevent a
3-8 rider who is perceptibility or apparently intoxicated from boarding
3-9 an amusement ride;
3-10 (2) an operator who prevents a rider from boarding an
3-11 amusement ride under this section is not criminally or civally
3-12 liable if the operator reasonably believes that the rider is
3-13 intoxicated.
3-14 (e) A rider may not alter or enhance the intended speed,
3-15 course or direction of a ride by using any unauthorized device,
3-16 instrument or method.
3-17 (f) A rider embarking on a ride after failing to pay
3-18 appropriate consideration for its use, when required by an
3-19 amusement park rules and regulations, shall be considered a
3-20 trespasser.
3-21 (g) A rider shall not attempt to gain access to controls of
3-22 an amusement rider designed solely to be operated by the employees
3-23 of the amusement park.
3-24 Sec. 761.003. GUIDE FOR INJURIES ON AMUSEMENT RIDES.
3-25 (a) An amusement park shall post signes and notices in conspicuous
4-1 locations throughout the park informing riders of the importance of
4-2 reporting all injuries sustained on the amusement park premises.
4-3 (b) A rider, or the parent or guardian of a minor rider on
4-4 the rides acting on the minor's behalf, shall report in writing to
4-5 the amusement park facility or its designated agent any injuries
4-6 sustained on an amusement ride before leaving the amusement
4-7 facility premises, unless the rider, or the parent or guardian of a
4-8 minor rider, is unable to file a report because of the severity of
4-9 the injuries to the rider. The report shall be filed as soon as
4-10 reasonably possible and must include:
4-11 (1) the name, address and telephone number of the
4-12 injured person;
4-13 (2) if the injured person is a minor, the name,
4-14 address and telephone number of the parent, or guardian filing the
4-15 report;
4-16 (3) a brief description of the incident causing the
4-17 injury, including the location, date, and time of the injury;
4-18 (4) a description of the injury, including the cause,
4-19 if known; and
4-20 (5) the name, address and telephone numbers of any
4-21 known witnesses to the incident.
4-22 (c) The actions of any rider who violates the provisions of
4-23 Subsection (B), (C) or (D) may be considered by the court in civil
4-24 action brought by a rider against the amusement park operator for
4-25 injuries sustained while at the amusement park for the purposes of
5-1 allocating fault between the parties.
5-2 SECTION 2. This Act takes effect September 1, 1998.
5-3 SECTION 3. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.