By Keel, Siebert, Dukes, Greenberg, Naishtat H.B. No. 1059
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of amusement rides; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2(3), Article 21.60, Insurance Code, is
1-5 amended to read as follows:
1-6 (3) "Class A amusement ride" means an amusement ride
1-7 with a fixed location and designed primarily for use by children 12
1-8 years of age or younger.
1-9 SECTION 2. Section 3(a), Article 21.60, Insurance Code, is
1-10 amended to read as follows:
1-11 (a) The board shall administer and enforce this article.
1-12 The board shall establish reasonable and necessary fees in an
1-13 amount not to exceed $40 [$20] per year for each amusement ride
1-14 covered by this Act.
1-15 SECTION 3. Section 4, Article 21.60, Insurance Code, is
1-16 amended by amending Subsections (a) and (b) and adding Subsection
1-17 (d) to read as follows:
1-18 (a) A person may not operate an amusement ride unless the
1-19 person [he]:
1-20 (1) has the amusement ride inspected at least once
1-21 annually by an insurer or a person with whom the insurer has
1-22 contracted and obtains from that insurer or person a written
1-23 certificate that the inspection has been made and that the
1-24 amusement ride meets the standards for coverage and is covered by
2-1 the insurance required by Subsection (2) of this section. If at
2-2 any time the inspection reveals that an amusement ride does not
2-3 meet the insurer's underwriting standards, the insurer shall so
2-4 notify the owner or operator and in the event repair or replacement
2-5 of equipment is required it shall be the responsibility of the
2-6 owner or operator to make such repair or replacement before the
2-7 amusement ride is offered for public use;
2-8 (2) has an insurance policy currently in force written
2-9 by an insurance company authorized to do business in this state, a
2-10 surplus lines insurer as defined by Article 1.14-2 of this code, or
2-11 an independently procured policy subject to Article 1.14-1 of this
2-12 code, in an amount of not less than $100,000 per occurrence with a
2-13 $300,000 annual aggregate for Class A amusement rides and an amount
2-14 of not less than $1,000,000 per occurrence for Class B amusement
2-15 rides insuring the owner or operator against liability for injury
2-16 to persons arising out of the use of the amusement ride;
2-17 (3) files with the board, in the manner required by
2-18 this article, the inspection certificate and the insurance policy
2-19 required by this section or a photocopy of such a certificate or
2-20 policy authorized by the board; and
2-21 (4) files with each sponsor, lessor, landowner, or
2-22 other person responsible for an amusement ride being offered for
2-23 use by the public a photocopy of the inspection certificate and the
2-24 insurance policy required by this section [certificate stating that
2-25 the insurance required by Subdivision (2) of this section is in
2-26 effect].
2-27 (b) The inspection required under Subsection (a)(1) of this
3-1 section must include a method to test the stress- and wear-related
3-2 damage of critical parts of a ride that the manufacturer of the
3-3 amusement ride [board] determines are reasonably subject to failure
3-4 as the result of stress and wear and could cause injury to a member
3-5 of the general public as a result of a failure.
3-6 (d) A person who operates an amusement ride in this state
3-7 shall maintain accurate records of any governmental action taken in
3-8 any state relating to the amusement ride, including an inspection
3-9 resulting in the repair or replacement of equipment used in the
3-10 operation of the amusement ride. The operator shall file with the
3-11 board on a quarterly basis a report on a form designed by the board
3-12 describing each governmental action taken in the quarter covered by
3-13 the report for which the operator is required by this subsection to
3-14 maintain records. A report is not required under this section in
3-15 any quarter in which no reportable governmental action was taken in
3-16 any state in which the person operated the amusement ride.
3-17 SECTION 4. The heading of Section 9, Article 21.60,
3-18 Insurance Code, is amended to read as follows:
3-19 Sec. 9. PENALTIES[; LOCAL ENFORCEMENT].
3-20 SECTION 5. Section 9, Article 21.60, Insurance Code, is
3-21 amended by amending Subsections (a) and (c) and adding Subsection
3-22 (f) to read as follows:
3-23 (a) A person commits an offense if the person [he] fails to
3-24 comply with any requirement under Section 4, [or] 5, 10(e), 10(f),
3-25 or 10(g) of this article.
3-26 (c) An offense under this section is a Class B [C]
3-27 misdemeanor.
4-1 (f) The prosecuting attorney in a case in which a person is
4-2 convicted of an offense under this section shall report the offense
4-3 to the department not later than the 90th day after the date of the
4-4 conviction.
4-5 SECTION 6. Article 21.60, Insurance Code, is amended by
4-6 adding Section 10 to read as follows:
4-7 Sec. 10. ENFORCEMENT. (a) A municipal, county, or state law
4-8 enforcement official may determine compliance with Section 4 or 5
4-9 of this article in conjunction with the board and may institute an
4-10 action in a court of competent jurisdiction to enforce this
4-11 article.
4-12 (b) A municipal, county, or state law enforcement official
4-13 may enter and inspect without notice any amusement ride at any time
4-14 to ensure public safety.
4-15 (c) The operator of an amusement ride shall immediately
4-16 provide the inspection certificate and the insurance policy
4-17 required by Section 4 of this article to a municipal, county, or
4-18 state law enforcement official requesting the information. A
4-19 photocopy of the inspection certificate or insurance policy may be
4-20 provided instead of the certificate or policy.
4-21 (d) Except as provided by Subsection (i) of this section, a
4-22 municipal, county, or state law enforcement official may
4-23 immediately prohibit operation of an amusement ride if:
4-24 (1) the operator of the amusement ride is unable to
4-25 provide the documents or a photocopy of the documents required by
4-26 Subsection (c) of this section;
4-27 (2) the law enforcement official reasonably believes
5-1 the amusement ride is not in compliance with Section 4 of this
5-2 article; or
5-3 (3) operation of the amusement ride, conduct of the
5-4 operator, or any other circumstance causes the law enforcement
5-5 official to reasonably believe that the amusement ride is unsafe or
5-6 the safety of a passenger on the amusement ride is threatened.
5-7 (e) If the operation of an amusement ride is prohibited
5-8 under Subsection (d)(1) or (2) of this section, a person may not
5-9 operate the amusement ride unless:
5-10 (1) the operator presents to the appropriate
5-11 municipal, county, or state law enforcement agency proof of
5-12 compliance with Section 4 of this article; or
5-13 (2) the commissioner of insurance or the
5-14 commissioner's designee determines that on the date the amusement
5-15 ride's operation was prohibited the operator had on file with the
5-16 board the documents required by Section 4 of this article and
5-17 issues a written statement permitting the amusement ride to resume
5-18 operation.
5-19 (f) If on the date an amusement ride's operation is
5-20 prohibited under Subsection (d)(3) of this section the amusement
5-21 ride is not in compliance with Section 4 of this article, a person
5-22 may not operate the amusement ride until after a person
5-23 subsequently complies with Section 4 of this article.
5-24 (g) If on the date an amusement ride's operation is
5-25 prohibited under Subsection (d)(3) of this section the amusement
5-26 ride is in compliance with Section 4 of this article, a person may
5-27 not operate the amusement ride until:
6-1 (1) on-site corrections are made;
6-2 (2) an order from a district judge, county judge,
6-3 judge of county court at law, justice of the peace, or municipal
6-4 judge permits the amusement ride to resume operation; or
6-5 (3) an insurance company insuring the amusement ride
6-6 on the date the amusement ride's operation was prohibited:
6-7 (A) re-inspects the amusement ride in the same
6-8 manner required under Section 4 of this article; and
6-9 (B) delivers to the board and the appropriate
6-10 law enforcement officer a re-inspection certificate:
6-11 (i) stating that the required
6-12 re-inspection has occurred;
6-13 (ii) stating that the amusement ride meets
6-14 coverage standards and is covered by insurance in compliance with
6-15 Section 4 of this article; and
6-16 (iii) explaining the necessary repairs, if
6-17 any, that have been made to the amusement ride after its operation
6-18 was prohibited.
6-19 (h) The owner or operator of the amusement ride may file
6-20 suit for relief from an action taken under Subsection (d) of this
6-21 section in a district court in the county in which the amusement
6-22 ride was located when the prohibition against operation was
6-23 enforced.
6-24 (i) Subsection (d) of this section does not apply to an
6-25 amusement ride with a fixed location and operated at an amusement
6-26 park that was attended by more than 200,000 customers in the year
6-27 preceding the inspection under Subsection (b) of this section.
7-1 (j) Performance or nonperformance by a municipal, county, or
7-2 state law enforcement official of any action authorized by this
7-3 article is a discretionary function of the governmental unit and of
7-4 the official.
7-5 SECTION 7. Section 9(e), Article 21.60, Insurance Code, is
7-6 repealed.
7-7 SECTION 8. (a) This Act takes effect immediately.
7-8 (b) The change in law made by this Act to Section 9, Article
7-9 21.60, Insurance Code, applies only to an offense committed on or
7-10 after the effective date of this Act.
7-11 (c) An offense committed before the effective date of this
7-12 Act is covered by the law in effect when the offense was committed,
7-13 and the former law is continued in effect for that purpose. For
7-14 purposes of this section, an offense is committed before the
7-15 effective date of this Act if any element of the offense occurs
7-16 before that date.
7-17 SECTION 9. The importance of this legislation and the
7-18 crowded condition of the calendars in both houses create an
7-19 emergency and an imperative public necessity that the
7-20 constitutional rule requiring bills to be read on three several
7-21 days in each house be suspended, and this rule is hereby suspended,
7-22 and that this Act take effect and be in force from and after its
7-23 passage, and it is so enacted.