By: Barrientos, Lucio S.B. No. 1622
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of amusement rides; providing a criminal
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
1-6 amended by adding Chapter 761 to read as follows:
1-7 CHAPTER 761. MOBILE AMUSEMENT RIDES
1-8 Sec. 761.001. DEFINITIONS. In this chapter:
1-9 (1) "Advisory board" means the mobile amusement ride
1-10 advisory board.
1-11 (2) "Amusement ride" has the meaning assigned by
1-12 Section 2151.002, Occupations Code.
1-13 (3) "ASTM standards" means standards developed by the
1-14 American Society of Testing and Materials applicable to amusement
1-15 rides and related devices.
1-16 (4) "Commission" means the Texas Commission of
1-17 Licensing and Regulation.
1-18 (5) "Commissioner" means the commissioner of licensing
1-19 and regulation.
1-20 (6) "Department" means the Texas Department of
1-21 Licensing and Regulation.
1-22 (7) "Mobile amusement ride" means an amusement ride
1-23 that is capable of being moved from one location to another and is
1-24 not located in an amusement park.
1-25 (8) "Operator" means the owner, lessor, lessee, or
2-1 sponsor of a mobile amusement ride, and any person who operates a
2-2 mobile amusement ride in the state, including any person who
2-3 controls the starting, stopping, or speed of a mobile amusement
2-4 ride.
2-5 Sec. 761.002. ADVISORY BOARD. (a) The commissioner shall
2-6 appoint the mobile amusement ride advisory board. The advisory
2-7 board is composed of six members as follows:
2-8 (1) one representative of the insurance industry;
2-9 (2) one registered mobile amusement ride inspector;
2-10 (3) one representative of the mobile amusement ride
2-11 industry;
2-12 (4) one representative of the mobile amusement ride
2-13 manufacturing industry;
2-14 (5) one representative of the Texas Association of
2-15 Fairs and Expositions;
2-16 (6) one certified safety professional; and
2-17 (7) one public member who has no financial interest in
2-18 the mobile amusement ride industry.
2-19 (b) The office of public insurance counsel shall appoint one
2-20 representative of that office to the advisory board to serve ex
2-21 officio.
2-22 (c) Advisory board members serve at the will of the
2-23 commissioner.
2-24 (d) The commissioner shall appoint a presiding officer of
2-25 the advisory board.
2-26 (e) The advisory board shall meet at least twice each
3-1 calendar year.
3-2 (f) An advisory board member may not receive compensation
3-3 for service on the advisory board, but is entitled to reimbursement
3-4 for the travel expenses incurred by the member while conducting the
3-5 business of the advisory board, as provided by the General
3-6 Appropriations Act.
3-7 (g) Chapter 2110, Government Code, does not apply to the
3-8 advisory board.
3-9 Sec. 761.003. ADVISORY BOARD DUTIES. To protect public
3-10 safety and to identify and correct potential hazards, the advisory
3-11 board shall advise the commissioner on:
3-12 (1) the development and adoption of rules for mobile
3-13 amusement rides;
3-14 (2) the safety of mobile amusement rides and related
3-15 equipment used in this state by the public; and
3-16 (3) any other matter considered by the commissioner to
3-17 be relevant to the safety of mobile amusement rides in this state.
3-18 Sec. 761.004. COMMISSIONER POWERS AND DUTIES. (a) The
3-19 commissioner, with the advice of the advisory board, shall adopt
3-20 rules to administer and enforce this chapter.
3-21 (b) The commissioner may employ staff in the department as
3-22 necessary to administer and enforce this chapter.
3-23 Sec. 761.005. RULES. (a) The commissioner shall adopt
3-24 rules to ensure the safe and uniform maintenance by operators of
3-25 amusement rides in this state. Rules adopted under this subsection
3-26 must meet or exceed ASTM standards for mobile amusement rides and
4-1 devices.
4-2 (b) The rules adopted under this section are minimum
4-3 standards. The rules must be comprehensive and must:
4-4 (1) ensure that operators are proficient and trained
4-5 in the installation, maintenance, transportation, operation, and
4-6 inspection of mobile amusement rides;
4-7 (2) establish qualifications for certified inspectors;
4-8 (3) establish the frequency and extent of periodic
4-9 inspections of mobile amusement rides; and
4-10 (4) establish appropriate standards for the
4-11 installation, maintenance, transportation, operation, and
4-12 inspection of mobile amusement rides in this state.
4-13 (c) The rules may include requirements for the examination,
4-14 testing, and licensing of operators.
4-15 (d) Rules adopted under this section must include methods to
4-16 test and identify stress-damaged and wear-damaged components of a
4-17 ride that could result in a failure likely to cause serious injury
4-18 or death to a passenger or bystander.
4-19 (e) Rules adopted under this chapter may apply to mobile
4-20 amusement rides that are sold in this state.
4-21 Sec. 761.006. FEES. (a) The commissioner shall establish
4-22 reasonable and necessary annual registration and inspection fees
4-23 for mobile amusement rides operated in this state.
4-24 (b) All fees collected under this chapter shall be deposited
4-25 to the credit of an account in the general revenue fund that may be
4-26 used only by the commissioner to administer and enforce this
5-1 chapter.
5-2 Sec. 761.007. INSURANCE REQUIREMENTS. (a) A person may not
5-3 operate a mobile amusement ride unless the ride is covered by an
5-4 insurance policy that insures the operator against liability for
5-5 bodily injury and property damage arising out of the use of the
5-6 mobile amusement ride in an amount not less than $1 million per
5-7 occurrence and that is written by an insurance company authorized
5-8 to do business in this state, or by an eligible surplus lines
5-9 insurer under Article 1.14-2, Insurance Code, or by an
5-10 independently procured policy subject to Chapter 101, Insurance
5-11 Code.
5-12 (b) An insurance company issuing a policy under this section
5-13 shall issue an insurance certificate to the operator and mail a
5-14 copy of the certificate to the department. The certificate must
5-15 indicate the dates the insurance policy is in effect and the amount
5-16 and type of coverage.
5-17 (c) The commissioner by rule may establish more stringent
5-18 insurance requirements than those imposed by this section.
5-19 Sec. 761.008. REGISTERED INSPECTORS. (a) The department
5-20 shall register inspectors of mobile amusement rides under this
5-21 chapter.
5-22 (b) To be eligible to register, a person must at least meet
5-23 ASTM standards for certification as an inspector. A person who
5-24 assists a registered inspector is not required to be registered.
5-25 (c) The commissioner may set a fee for registering
5-26 inspectors in an amount reasonable and necessary to administer the
6-1 registration program and may set an annual renewal fee for
6-2 registered inspectors in an amount not less than $25.
6-3 (d) The commissioner may not prohibit a registered inspector
6-4 from inspecting a mobile amusement ride or related equipment.
6-5 (e) The commissioner shall compile a list of registered
6-6 inspectors.
6-7 (f) The commissioner may deny, suspend, or revoke the
6-8 registration of any certified inspector for:
6-9 (1) obtaining a registration from the department by
6-10 fraud or false representation;
6-11 (2) falsifying any inspection report submitted to the
6-12 commissioner; or
6-13 (3) violating this chapter or a rule adopted under
6-14 this chapter.
6-15 Sec. 761.009. LAW ENFORCEMENT INSPECTIONS. (a) A
6-16 municipal, county, or state law enforcement officer at any time
6-17 without notice may inspect a mobile amusement ride and request
6-18 proof of compliance with the requirements of this chapter to ensure
6-19 public safety.
6-20 (b) On request by a law enforcement officer under Subsection
6-21 (a), the operator of a mobile amusement ride shall immediately
6-22 provide the insurance certificate and inspection reports required
6-23 by this chapter.
6-24 (c) A law enforcement officer acting under this section
6-25 shall prohibit the operation of a mobile amusement ride if:
6-26 (1) the operator of the mobile amusement ride does not
7-1 display a current inspection sticker and possess a current
7-2 insurance certificate; or
7-3 (2) the operation of the mobile amusement ride, the
7-4 conduct of the operator, or any other circumstance causes the law
7-5 enforcement officer to reasonably believe that the mobile amusement
7-6 ride is unsafe, the operator is in violation of Section 761.010 of
7-7 this code or Section 49.065, Penal Code, or the safety of any
7-8 passenger on the mobile amusement ride is threatened.
7-9 (d) If the operation of a mobile amusement ride is
7-10 prohibited under Subsection (c)(1), its operation may not resume
7-11 until the operator is able to show a law enforcement officer a
7-12 current insurance certificate and inspection report for that
7-13 specific mobile amusement ride.
7-14 (e) If the operation of a mobile amusement ride is
7-15 terminated under Subsection (c)(2), its operation may not resume
7-16 until the matter is investigated by a registered inspector and the
7-17 commissioner determines that the mobile amusement ride is in
7-18 compliance with applicable standards and regulations.
7-19 (f) Unless a law enforcement officer's act or omission
7-20 involves intentional conduct, gross negligence, or malice, the
7-21 officer is not liable for terminating or failing to terminate the
7-22 operation of a mobile amusement ride under Subsection (c)(2).
7-23 Sec. 761.010. CONDITION OF OPERATORS. A person may not
7-24 operate a mobile amusement ride under the influence of illegal
7-25 drugs, while intoxicated, or while the person's physical or mental
7-26 condition does not allow the person to operate the ride safely.
8-1 Sec. 761.011. DISPLAY OF RIDE RESTRICTIONS. All
8-2 restrictions for passengers, including height and physical
8-3 restrictions, required by this chapter or by rules adopted under
8-4 this chapter must be displayed prominently on the ride and must be
8-5 visible from all boarding areas.
8-6 Sec. 761.012. RIDE OPERATION REQUIREMENTS. (a) The
8-7 operator of a mobile amusement ride who obtains the insurance
8-8 coverage required under this chapter shall deliver a copy of the
8-9 current insurance certificate to each operator of the ride.
8-10 (b) A mobile amusement ride may not be operated unless each
8-11 operator possesses a current inspection report and insurance
8-12 certificate.
8-13 Sec. 761.013. INSPECTIONS. (a) A mobile amusement ride
8-14 shall be inspected by a registered inspector at least once every
8-15 180 days. After each inspection, the registered inspector shall
8-16 issue a completed report to the mobile amusement ride operator and
8-17 file a copy with the department.
8-18 (b) The fee for filing with the department a report of an
8-19 inspection of a mobile amusement ride shall be $25 unless the
8-20 commissioner by rule increases the fee.
8-21 (c) An inspection report must be made on a form prescribed
8-22 by the commissioner and be signed and dated by the registered
8-23 inspector.
8-24 (d) The department shall maintain inspection reports filed
8-25 under this section for at least 10 years.
8-26 (e) If an inspection produces evidence of a violation of
9-1 this chapter or rules adopted under this chapter or indicates a
9-2 need for corrective action on the part of an operator, the
9-3 inspection report must include a detailed description of each
9-4 violation, discrepancy, or item in need of attention.
9-5 (f) If an inspection finds no violation or need for
9-6 corrective action, the inspector shall provide the operator with a
9-7 weather-proof, adhesive sticker, signed by the inspector, and
9-8 showing the date of the inspection, that the inspector shall affix
9-9 to the mobile amusement ride in a visible location.
9-10 (g) If multiple mobile amusement rides are being operated at
9-11 the same location, the requirements of this section may be
9-12 satisfied with a single inspection report and inspection
9-13 certificate relating to all mobile amusement rides being operated
9-14 at that location. A report issued under this subsection must:
9-15 (1) describe the location;
9-16 (2) list the mobile amusement rides being operated at
9-17 that location;
9-18 (3) state that each mobile amusement ride has been
9-19 inspected by a registered inspector and found to be in compliance
9-20 with this chapter; and
9-21 (4) explain any exceptions or waivers granted by the
9-22 inspector.
9-23 Sec. 761.014. INSPECTION BY OPERATOR. A mobile amusement
9-24 ride may not be operated until an operator of the ride has
9-25 inspected it to determine whether the ride is in safe working
9-26 condition:
10-1 (1) after the ride has been assembled at a location
10-2 where rides are offered; and
10-3 (2) before operating the ride each day that rides are
10-4 offered to the public at the location.
10-5 Sec. 761.015. RIDE REGISTRATION. (a) A mobile amusement
10-6 ride may not be operated in this state unless the ride is
10-7 registered with the department. The annual mobile amusement ride
10-8 registration fee is $50 unless the commissioner by rule sets a
10-9 higher fee.
10-10 (b) A person registering a mobile amusement ride shall
10-11 provide to the department the name, address, and telephone number
10-12 of the mobile amusement ride owner, and the make, model, and serial
10-13 number of the mobile amusement ride being registered.
10-14 Sec. 761.016. INJURY OR DEATH INVOLVING A RIDE. (a) If an
10-15 injury or death occurs during the installation, maintenance,
10-16 operation, or inspection of a mobile amusement ride, the operator
10-17 shall file with the department a report on a form prescribed by the
10-18 commissioner, providing the name of any injured party, a
10-19 description of how the incident occurred, the name of each
10-20 operator, and the make, model, and manufacturer of the mobile
10-21 amusement ride.
10-22 (b) Subsection (a) applies to an injury or death that occurs
10-23 outside the state if the operator is authorized to operate mobile
10-24 amusement rides in this state.
10-25 (c) If an incident that is required to be reported under
10-26 Subsection (a) results in the death of any person, operation of the
11-1 mobile amusement ride shall be terminated immediately and may not
11-2 be resumed until the commissioner determines, after a department
11-3 investigation, that operation of the mobile amusement ride does not
11-4 pose a significant risk of serious injury. The commissioner may
11-5 impose reasonable conditions as necessary for the safe operation of
11-6 a ride before the resumption of the operation of a ride under this
11-7 subsection.
11-8 (d) In the event of a death involving a mobile amusement
11-9 ride, the commissioner may suspend or terminate operation of
11-10 similar mobile amusement rides operating in this state that the
11-11 commissioner determines may cause injury or death.
11-12 (e) The department shall adopt rules for making information
11-13 related to reports filed under this section available to the public
11-14 by posting the information on the department's Internet site or
11-15 through another easily accessible medium.
11-16 Sec. 761.017. INVESTIGATION; LICENSE PROCEEDINGS;
11-17 INJUNCTION. (a) If the commissioner has good cause to believe
11-18 that a mobile amusement ride is dangerous or that an incident
11-19 involving a mobile amusement ride caused death, serious bodily
11-20 injury, or property damage or that an operator is not in compliance
11-21 with this chapter, the commissioner or the commissioner's
11-22 designated representative may enter the property during regular
11-23 business hours without prior notice to inspect the mobile amusement
11-24 ride or related equipment or to generally investigate any incident
11-25 that resulted in serious injury or death.
11-26 (b) The commissioner may bring suit in a district court in
12-1 Travis County or in the county in which a violation or threatened
12-2 violation of this chapter or a rule adopted under this chapter
12-3 occurs. The attorney general shall represent the commissioner in
12-4 the suit.
12-5 (c) The commissioner is entitled to appropriate injunctive
12-6 relief to prevent a violation or threatened violation of this
12-7 chapter or a rule adopted under this chapter.
12-8 Sec. 761.018. CRIMINAL PENALTIES. (a) A person commits an
12-9 offense if the person violates or fails to comply with this
12-10 chapter.
12-11 (b) Except as provided by Subsection (c), an offense under
12-12 this section is a Class B misdemeanor.
12-13 (c) An offense under Section 761.010 is a Class A
12-14 misdemeanor, unless the offense is a repeat offense or involves
12-15 injury or death, in which case it is a third degree felony.
12-16 SECTION 2. The heading to Chapter 2151, Occupations Code, is
12-17 amended to read as follows:
12-18 CHAPTER 2151. REGULATION OF AMUSEMENT PARK RIDES
12-19 SECTION 3. Section 2151.001, Occupations Code, is amended to
12-20 read as follows:
12-21 Sec. 2151.001. SHORT TITLE. This chapter may be cited as
12-22 the Amusement Park Ride Safety Inspection and Insurance Act.
12-23 SECTION 4. Section 2151.002, Occupations Code, is amended to
12-24 read as follows:
12-25 Sec. 2151.002. DEFINITIONS. In this chapter:
12-26 (1) "Amusement park" means the operation of an
13-1 amusement ride at a fixed location that has an admission fee.
13-2 (2) "Amusement ride" means a mechanical device that
13-3 carries passengers along, around, or over a fixed or restricted
13-4 course or within a defined area for the purpose of giving the
13-5 passengers amusement, pleasure, or excitement. The term does not
13-6 include:
13-7 (A) a coin-operated ride that:
13-8 (i) is manually, mechanically, or
13-9 electrically operated;
13-10 (ii) is customarily placed in a public
13-11 location; and
13-12 (iii) does not normally require the
13-13 supervision or services of an operator; or
13-14 (B) nonmechanized playground equipment,
13-15 including a swing, seesaw, stationary spring-mounted animal
13-16 feature, rider-propelled merry-go-round, climber, playground slide,
13-17 trampoline, and physical fitness device.
13-18 (3) [(2)] "Class A amusement ride" means an amusement
13-19 ride [with a fixed location] designed primarily for use by children
13-20 younger than 13 years of age.
13-21 (4) [(3)] "Class B amusement ride" means an amusement
13-22 ride that is not a Class A amusement ride.
13-23 (5) [(4)] "Commissioner" means the commissioner of
13-24 insurance.
13-25 (6) [(5)] "Department" means the Texas Department of
13-26 Insurance.
14-1 (7) [(6)] "Mobile amusement ride" means an amusement
14-2 ride that is designed or adapted to be moved from one location to
14-3 another and is not fixed at a single location.
14-4 SECTION 5. Subchapter A, Chapter 2151, Occupations Code, is
14-5 amended by adding Section 2151.003 to read as follows:
14-6 Sec. 2151.003. This chapter applies only to amusement rides
14-7 operated at an amusement park.
14-8 SECTION 6. Section 2151.151, Occupations Code, is amended to
14-9 read as follows:
14-10 Sec. 2151.151. INJUNCTION. The district attorney of a
14-11 county in which an amusement ride is operated or, on request of the
14-12 commissioner of insurance, the attorney general or an agent of the
14-13 attorney general, may seek an injunction against a person operating
14-14 an amusement ride in violation of this chapter or in violation of a
14-15 rule adopted by the commissioner under Section [2151.1021 or]
14-16 2151.105.
14-17 SECTION 7. Subchapter D, Chapter 2151, Occupations Code, is
14-18 amended by adding Section 2151.1525 to read as follows:
14-19 Sec. 2151.1525. PROHIBITION OF AMUSEMENT RIDE OPERATION.
14-20 (a) Except as provided by Subsection (e), a municipal, county, or
14-21 state law enforcement official may immediately prohibit operation
14-22 of an amusement ride if:
14-23 (1) the operator of the amusement ride is unable to
14-24 provide the documents or a photocopy of the documents required by
14-25 Section 2151.152(c);
14-26 (2) the law enforcement official reasonably believes
15-1 the amusement ride is not in compliance with Section 2151.101; or
15-2 (3) the operation of the amusement ride, conduct of a
15-3 person operating the amusement ride, or any other circumstance
15-4 causes the law enforcement official to reasonably believe that the
15-5 amusement ride is unsafe or the safety of a passenger on the
15-6 amusement ride is threatened.
15-7 (b) If the operation of an amusement ride is prohibited
15-8 under Subsection (a)(1) or (2), a person may not operate the
15-9 amusement ride unless:
15-10 (1) the operator presents to the appropriate
15-11 municipal, county, or state law enforcement official proof of
15-12 compliance with Section 2151.101; or
15-13 (2) the commissioner or the commissioner's designee
15-14 determines that on the date the amusement ride's operation was
15-15 prohibited the operator had on file with the board the documents
15-16 required by Section 2151.101 and issues a written statement
15-17 permitting the amusement ride to resume operation.
15-18 (c) If on the date an amusement ride's operation is
15-19 prohibited under Subsection (a)(3) the amusement ride is not in
15-20 compliance with Section 2151.101, a person may not operate the
15-21 amusement ride until the person complies with Section 2151.101.
15-22 (d) If on the date an amusement ride's operation is
15-23 prohibited under Subsection (a)(3) the amusement ride is in
15-24 compliance with Section 2151.101, a person may not operate the
15-25 amusement ride until:
15-26 (1) on-site corrections are made;
16-1 (2) an order from a district judge, county judge,
16-2 judge of a county court at law, justice of the peace, or municipal
16-3 judge permits the amusement ride to resume operation; or
16-4 (3) an insurance company insuring the amusement ride
16-5 on the date the amusement ride's operation was prohibited:
16-6 (A) reinspects the amusement ride in the same
16-7 manner required by Section 2151.101; and
16-8 (B) delivers to the commissioner or the
16-9 commissioner's designee and the appropriate law enforcement
16-10 official a reinspection certificate:
16-11 (i) stating that the required reinspection
16-12 has occurred;
16-13 (ii) stating that the amusement ride meets
16-14 coverage standards and is covered by insurance in compliance with
16-15 Section 2151.101; and
16-16 (iii) explaining the necessary repairs, if
16-17 any, that have been made to the amusement ride after its operation
16-18 was prohibited.
16-19 (e) Subsection (a) does not apply to an amusement ride
16-20 operated at an amusement park that was attended by more than
16-21 200,000 customers in the year preceding the inspection under
16-22 Section 2151.152(b).
16-23 SECTION 8. Subsection (a), Section 2151.153, Occupations
16-24 Code, is amended to read as follows:
16-25 (a) A person commits an offense if the person fails to
16-26 comply with any requirement of:
17-1 (1) Section 2151.101, 2151.102, 2151.103, or
17-2 2151.1525(b), (c), or (d)[, or 2151.1526(a)]; or
17-3 (2) a rule adopted by the commissioner under Section
17-4 [2151.1021 or] 2151.105.
17-5 SECTION 9. Subdivision (6), Section 49.01, Penal Code, is
17-6 amended to read as follows:
17-7 (6) "Mobile amusement ride" has the meaning assigned
17-8 by Section 761.001, Health and Safety [2, Article 21.60, Insurance]
17-9 Code.
17-10 SECTION 10. The following laws are repealed:
17-11 (1) Subdivision (6), Section 2, Article 21.60,
17-12 Insurance Code;
17-13 (2) Subsection (f), Section 4, Article 21.60,
17-14 Insurance Code; and
17-15 (3) Subsections (k), (l), and (m), Section 10, Article
17-16 21.60, Insurance Code.
17-17 SECTION 11. The following provisions of the Occupations
17-18 Code, as added by the Act of the 77th Legislature, Regular Session,
17-19 2001, relating to nonsubstantive additions to and corrections in
17-20 enacted codes, are repealed:
17-21 (1) Subdivision (6), Section 2151.002;
17-22 (2) Section 2151.1021; and
17-23 (3) Section 2151.1526.
17-24 SECTION 12. (a) On January 1, 2002, the regulation of
17-25 mobile amusement rides formerly administered by the Texas
17-26 Department of Insurance is transferred to the commissioner of
18-1 licensing and regulation.
18-2 (b) All money, records, property, and equipment in the
18-3 custody of the Texas Department of Insurance on December 31, 2001,
18-4 for the regulation of mobile amusement rides shall be transferred
18-5 to the custody of the commissioner of licensing and regulation on
18-6 January 1, 2002.
18-7 SECTION 13. (a) In accordance with Subsection (c), Section
18-8 311.031, Government Code, which gives effect to a substantive
18-9 amendment enacted by the same legislature that codifies the amended
18-10 statute, the text of Sections 2151.002, 2151.151, and 2151.153,
18-11 Occupations Code, as set out in this Act, gives effect to changes
18-12 made by Sections 1, 4, and 6, Chapter 1364, Acts of the 76th
18-13 Legislature, Regular Session, 1999.
18-14 (b) To the extent of any conflict, this Act prevails over
18-15 another Act of the 77th Legislature, Regular Session, 2001,
18-16 relating to nonsubstantive additions and corrections in enacted
18-17 codes.
18-18 SECTION 14. (a) Except as provided by Subsection (b), this
18-19 Act takes effect January 1, 2002.
18-20 (b) Sections 761.002, 761.003, 761.004, 761.005, and
18-21 761.008, Health and Safety Code, as added by this Act, take effect
18-22 September 1, 2001.
18-23 (c) An offense committed on or after January 1, 2002, is
18-24 covered by this Act.
18-25 (d) An offense committed before January 1, 2002, is covered
18-26 by the law in effect when the offense was committed, and the former
19-1 law is continued in effect for that purpose. For purposes of this
19-2 section, an offense is committed before the effective date of this
19-3 Act if any element of the offense occurs before that date.