76R9675 GJH-F
By Keel, Siebert, Dukes, Greenberg, H.B. No. 1059
Naishtat
Substitute the following for H.B. No. 1059:
By King of Parker C.S.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. Sections 4(a) and (b), Article 21.60, Insurance
1-16 Code, are amended to read as follows:
1-17 (a) A person may not operate an amusement ride unless the
1-18 person [he]:
1-19 (1) has the amusement ride inspected at least once
1-20 annually by an insurer or a person with whom the insurer has
1-21 contracted and obtains from that insurer or person a written
1-22 certificate that the inspection has been made and that the
1-23 amusement ride meets the standards for coverage and is covered by
1-24 the insurance required by Subsection (2) of this section. If at
2-1 any time the inspection reveals that an amusement ride does not
2-2 meet the insurer's underwriting standards, the insurer shall so
2-3 notify the owner or operator and in the event repair or replacement
2-4 of equipment is required it shall be the responsibility of the
2-5 owner or operator to make such repair or replacement before the
2-6 amusement ride is offered for public use;
2-7 (2) has an insurance policy currently in force written
2-8 by an insurance company authorized to do business in this state, a
2-9 surplus lines insurer as defined by Article 1.14-2 of this code, or
2-10 an independently procured policy subject to Article 1.14-1 of this
2-11 code, in an amount of not less than $100,000 per occurrence with a
2-12 $300,000 annual aggregate for Class A amusement rides and an amount
2-13 of not less than $1,000,000 per occurrence for Class B amusement
2-14 rides insuring the owner or operator against liability for injury
2-15 to persons arising out of the use of the amusement ride;
2-16 (3) files with the board, in the manner required by
2-17 this article, the inspection certificate and the insurance policy
2-18 required by this section or a photocopy of such a certificate or
2-19 policy authorized by the board; and
2-20 (4) files with each sponsor, lessor, landowner, or
2-21 other person responsible for an amusement ride being offered for
2-22 use by the public a photocopy of the inspection certificate and the
2-23 insurance policy required by this section [certificate stating that
2-24 the insurance required by Subdivision (2) of this section is in
2-25 effect].
2-26 (b) The inspection required under Subsection (a)(1) of this
2-27 section must include a method to test the stress- and wear-related
3-1 damage of critical parts of a ride that the manufacturer of the
3-2 amusement ride [board] determines are reasonably subject to failure
3-3 as the result of stress and wear and could cause injury to a member
3-4 of the general public as a result of a failure.
3-5 SECTION 4. The heading of Section 9, Article 21.60,
3-6 Insurance Code, is amended to read as follows:
3-7 Sec. 9. PENALTIES[; LOCAL ENFORCEMENT].
3-8 SECTION 5. Section 9, Article 21.60, Insurance Code, is
3-9 amended by amending Subsections (a) and (c) to read as follows:
3-10 (a) A person commits an offense if the person [he] fails to
3-11 comply with any requirement under Section 4, [or] 5, 10(e), 10(f),
3-12 or 10(g) of this article.
3-13 (c) An offense under this section is a Class B [C]
3-14 misdemeanor.
3-15 SECTION 6. Article 21.60, Insurance Code, is amended by
3-16 adding Section 10 to read as follows:
3-17 Sec. 10. ENFORCEMENT. (a) A municipal, county, or state law
3-18 enforcement official may determine compliance with Section 4 or 5
3-19 of this article in conjunction with the board and may institute an
3-20 action in a court of competent jurisdiction to enforce this
3-21 article.
3-22 (b) A municipal, county, or state law enforcement official
3-23 may enter and inspect without notice any amusement ride at any time
3-24 to ensure public safety.
3-25 (c) The operator of an amusement ride shall immediately
3-26 provide the inspection certificate and the insurance policy
3-27 required by Section 4 of this article to a municipal, county, or
4-1 state law enforcement official requesting the information. A
4-2 photocopy of the inspection certificate or insurance policy may be
4-3 provided instead of the certificate or policy.
4-4 (d) Except as provided by Subsection (i) of this section, a
4-5 municipal, county, or state law enforcement official may
4-6 immediately prohibit operation of an amusement ride if:
4-7 (1) the operator of the amusement ride is unable to
4-8 provide the documents or a photocopy of the documents required by
4-9 Subsection (c) of this section;
4-10 (2) the law enforcement official reasonably believes
4-11 the amusement ride is not in compliance with Section 4 of this
4-12 article; or
4-13 (3) operation of the amusement ride, conduct of the
4-14 operator, or any other circumstance causes the law enforcement
4-15 official to reasonably believe that the amusement ride is unsafe or
4-16 the safety of a passenger on the amusement ride is threatened.
4-17 (e) If the operation of an amusement ride is prohibited
4-18 under Subsection (d)(1) or (2) of this section, a person may not
4-19 operate the amusement ride unless:
4-20 (1) the operator presents to the appropriate
4-21 municipal, county, or state law enforcement agency proof of
4-22 compliance with Section 4 of this article; or
4-23 (2) the commissioner of insurance or the
4-24 commissioner's designee determines that on the date the amusement
4-25 ride's operation was prohibited the operator had on file with the
4-26 board the documents required by Section 4 of this article and
4-27 issues a written statement permitting the amusement ride to resume
5-1 operation.
5-2 (f) If on the date an amusement ride's operation is
5-3 prohibited under Subsection (d)(3) of this section the amusement
5-4 ride is not in compliance with Section 4 of this article, a person
5-5 may not operate the amusement ride until after a person
5-6 subsequently complies with Section 4 of this article.
5-7 (g) If on the date an amusement ride's operation is
5-8 prohibited under Subsection (d)(3) of this section the amusement
5-9 ride is in compliance with Section 4 of this article, a person may
5-10 not operate the amusement ride until:
5-11 (1) on-site corrections are made to the satisfaction
5-12 of the appropriate law enforcement official;
5-13 (2) an order from a district judge, county judge,
5-14 judge of county court at law, justice of the peace, or municipal
5-15 judge permits the amusement ride to resume operation; or
5-16 (3) an insurance company insuring the amusement ride
5-17 on the date the amusement ride's operation was prohibited:
5-18 (A) re-inspects the amusement ride in the same
5-19 manner required under Section 4 of this article; and
5-20 (B) delivers to the board and the appropriate
5-21 law enforcement officer a re-inspection certificate:
5-22 (i) stating that the required
5-23 re-inspection has occurred;
5-24 (ii) stating that the amusement ride meets
5-25 coverage standards and is covered by insurance in compliance with
5-26 Section 4 of this article; and
5-27 (iii) explaining the necessary repairs, if
6-1 any, that have been made to the amusement ride after its operation
6-2 was prohibited.
6-3 (h) The owner or operator of the amusement ride may file
6-4 suit for relief from an action taken under Subsection (d) of this
6-5 section in a district court in the county in which the amusement
6-6 ride was located when the prohibition against operation was
6-7 enforced.
6-8 (i) Subsection (d) of this section does not apply to an
6-9 amusement ride with a fixed location and operated at an amusement
6-10 park that was attended by more than 200,000 customers in the year
6-11 preceding the inspection under Subsection (b) of this section.
6-12 SECTION 7. Section 9(e), Article 21.60, Insurance Code, is
6-13 repealed.
6-14 SECTION 8. (a) This Act takes effect immediately.
6-15 (b) The change in law made by this Act to Section 9, Article
6-16 21.60, Insurance Code, applies only to an offense committed on or
6-17 after the effective date of this Act.
6-18 (c) An offense committed before the effective date of this
6-19 Act is covered by the law in effect when the offense was committed,
6-20 and the former law is continued in effect for that purpose. For
6-21 purposes of this section, an offense is committed before the
6-22 effective date of this Act if any element of the offense occurs
6-23 before that date.
6-24 SECTION 9. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended,
7-2 and that this Act take effect and be in force from and after its
7-3 passage, and it is so enacted.