By Barrientos S.B. No. 312
76R4099 GJH-F
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 3(a), Article 21.60, Insurance Code, is
1-5 amended to read as follows:
1-6 (a) The board shall administer and enforce this article.
1-7 The board shall establish reasonable and necessary fees in an
1-8 amount not to exceed $40 [$20] per year for each amusement ride
1-9 covered by this Act.
1-10 SECTION 2. Section 4(a), Article 21.60, Insurance Code, is
1-11 amended to read as follows:
1-12 (a) A person may not operate an amusement ride unless the
1-13 person [he]:
1-14 (1) has the amusement ride inspected at least once
1-15 annually by an insurer or a person with whom the insurer has
1-16 contracted and obtains from that insurer or person a written
1-17 certificate that the inspection has been made and that the
1-18 amusement ride meets the standards for coverage and is covered by
1-19 the insurance required by Subsection (2) of this section. If at
1-20 any time the inspection reveals that an amusement ride does not
1-21 meet the insurer's underwriting standards, the insurer shall so
1-22 notify the owner or operator and in the event repair or replacement
1-23 of equipment is required it shall be the responsibility of the
1-24 owner or operator to make such repair or replacement before the
2-1 amusement ride is offered for public use;
2-2 (2) has an insurance policy currently in force written
2-3 by an insurance company authorized to do business in this state, a
2-4 surplus lines insurer as defined by Article 1.14-2 of this code, or
2-5 an independently procured policy subject to Article 1.14-1 of this
2-6 code, in an amount of not less than [$100,000 per occurrence with a
2-7 $300,000 annual aggregate for Class A amusement rides and an amount
2-8 of not less than] $1,000,000 per occurrence for each [Class B]
2-9 amusement ride that insures [rides insuring] the owner or operator
2-10 against liability for injury to persons arising out of the use of
2-11 the amusement ride;
2-12 (3) files with the board, in the manner required by
2-13 this article, the inspection certificate and the insurance policy
2-14 required by this section or a photocopy of such a certificate or
2-15 policy authorized by the board; and
2-16 (4) files with each sponsor, lessor, landowner, or
2-17 other person responsible for an amusement ride being offered for
2-18 use by the public a photocopy of the inspection certificate and the
2-19 insurance policy required by this section [certificate stating that
2-20 the insurance required by Subdivision (2) of this section is in
2-21 effect].
2-22 SECTION 3. The heading of Section 9, Article 21.60,
2-23 Insurance Code, is amended to read as follows:
2-24 Sec. 9. PENALTIES[; LOCAL ENFORCEMENT].
2-25 SECTION 4. Section 9, Article 21.60, Insurance Code, is
2-26 amended by amending Subsections (a) and (c) to read as follows:
2-27 (a) A person commits an offense if the person [he] fails to
3-1 comply with any requirement under Section 4, [or] 5, 10(e), 10(f),
3-2 or 10(g) of this article.
3-3 (c) An offense under this section is a Class B [C]
3-4 misdemeanor.
3-5 SECTION 5. Article 21.60, Insurance Code, is amended by
3-6 adding Section 10 to read as follows:
3-7 Sec. 10. ENFORCEMENT. (a) A municipal, county, or state law
3-8 enforcement official may determine compliance with Section 4 or 5
3-9 of this article in conjunction with the board and may institute an
3-10 action in a court of competent jurisdiction to enforce this
3-11 article.
3-12 (b) A municipal, county, or state law enforcement official
3-13 may enter and inspect without notice any amusement ride at any time
3-14 to ensure public safety.
3-15 (c) The operator of an amusement ride shall immediately
3-16 provide the inspection certificate and the insurance policy
3-17 required by Section 4 of this article to a municipal, county, or
3-18 state law enforcement official requesting the information. A
3-19 photocopy of the inspection certificate or insurance policy may be
3-20 provided instead of the certificate or policy.
3-21 (d) A municipal, county, or state law enforcement official
3-22 may immediately prohibit operation of an amusement ride if:
3-23 (1) the operator of the amusement ride is unable to
3-24 provide the documents or a photocopy of the documents required by
3-25 Subsection (c) of this section;
3-26 (2) the law enforcement official reasonably believes
3-27 the amusement ride is not in compliance with Section 4 of this
4-1 article; or
4-2 (3) operation of the amusement ride, conduct of the
4-3 operator, or any other circumstance causes the law enforcement
4-4 official to reasonably believe that the amusement ride is unsafe or
4-5 the safety of a passenger on the amusement ride is threatened.
4-6 (e) If the operation of an amusement ride is prohibited
4-7 under Subsection (d)(1) or (2) of this section, a person may not
4-8 operate the amusement ride unless:
4-9 (1) the operator presents to the appropriate
4-10 municipal, county, or state law enforcement agency proof of
4-11 compliance with Section 4 of this article; or
4-12 (2) the commissioner of insurance or the
4-13 commissioner's designee determines that on the date the amusement
4-14 ride's operation was prohibited the operator had on file with the
4-15 board the documents required by Section 4 of this article and
4-16 issues a written statement permitting the amusement ride to resume
4-17 operation.
4-18 (f) If on the date an amusement ride's operation is
4-19 prohibited under Subsection (d)(3) of this section the amusement
4-20 ride is not in compliance with Section 4 of this article, a person
4-21 may not operate the amusement ride until after a person
4-22 subsequently complies with Section 4 of this article.
4-23 (g) If on the date an amusement ride's operation is
4-24 prohibited under Subsection (d)(3) of this section the amusement
4-25 ride is in compliance with Section 4 of this article, a person may
4-26 not operate the amusement ride until:
4-27 (1) on-site corrections are made to the satisfaction
5-1 of the appropriate law enforcement official;
5-2 (2) an order from a district judge, county judge,
5-3 judge of county court at law, justice of the peace, or municipal
5-4 judge permits the amusement ride to resume operation; or
5-5 (3) an insurance company insuring the amusement ride
5-6 on the date the amusement ride's operation was prohibited:
5-7 (A) re-inspects the amusement ride in the same
5-8 manner required under Section 4 of this article; and
5-9 (B) delivers to the board and the appropriate
5-10 law enforcement officer a re-inspection certificate:
5-11 (i) stating that the required
5-12 re-inspection has occurred;
5-13 (ii) stating that the amusement ride meets
5-14 coverage standards and is covered by insurance in compliance with
5-15 Section 4 of this article; and
5-16 (iii) explaining the necessary repairs, if
5-17 any, that have been made to the amusement ride after its operation
5-18 was prohibited.
5-19 (h) The owner or operator of the amusement ride may file
5-20 suit for relief from an action taken under Subsection (d) of this
5-21 section in a district court in the county in which the amusement
5-22 ride was located when the prohibition against operation was
5-23 enforced.
5-24 SECTION 6. Sections 2(3), 2(4), and 9(e), Article 21.60,
5-25 Insurance Code, are repealed.
5-26 SECTION 7. (a) This Act takes effect immediately.
5-27 (b) The change in law made by this Act to Section 9, Article
6-1 21.60, Insurance Code, applies only to an offense committed on or
6-2 after the effective date of this Act.
6-3 (c) An offense committed before the effective date of this
6-4 Act is covered by the law in effect when the offense was committed,
6-5 and the former law is continued in effect for that purpose. For
6-6 purposes of this section, an offense is committed before the
6-7 effective date of this Act if any element of the offense occurs
6-8 before that date.
6-9 SECTION 8. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended,
6-14 and that this Act take effect and be in force from and after its
6-15 passage, and it is so enacted.