By Barrientos S.B. No. 1622
77R5996 GJH-F
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.
2-1 (8) "Operator" means the owner, lessor, lessee, or
2-2 sponsor of a mobile amusement ride, and any person who operates a
2-3 mobile amusement ride in the state, including any person who
2-4 controls the starting, stopping, or speed of a mobile amusement
2-5 ride.
2-6 Sec. 761.002. ADVISORY BOARD. (a) The commissioner shall
2-7 appoint the mobile amusement ride advisory board. The advisory
2-8 board is composed of six members as follows:
2-9 (1) one representative of the insurance industry;
2-10 (2) one registered mobile amusement ride inspector;
2-11 (3) one representative of the mobile amusement ride
2-12 industry;
2-13 (4) one representative of the mobile amusement ride
2-14 manufacturing industry;
2-15 (5) one certified safety professional; and
2-16 (6) one public member who has no financial interest in
2-17 the mobile amusement ride industry.
2-18 (b) The office of public insurance counsel shall appoint one
2-19 representative of that office to the advisory board to serve ex
2-20 officio.
2-21 (c) Advisory board members serve at the will of the
2-22 commissioner.
2-23 (d) The commissioner shall appoint a presiding officer of
2-24 the advisory board.
2-25 (e) The advisory board shall meet at least twice each
2-26 calendar year.
2-27 (f) An advisory board member may not receive compensation
3-1 for service on the advisory board, but is entitled to reimbursement
3-2 for the travel expenses incurred by the member while conducting the
3-3 business of the advisory board, as provided by the General
3-4 Appropriations Act.
3-5 (g) Chapter 2110, Government Code, does not apply to the
3-6 advisory board.
3-7 Sec. 761.003. ADVISORY BOARD DUTIES. To protect public
3-8 safety and to identify and correct potential hazards, the advisory
3-9 board shall advise the commissioner on:
3-10 (1) the development and adoption of rules for mobile
3-11 amusement rides;
3-12 (2) the safety of mobile amusement rides and related
3-13 equipment used in this state by the public; and
3-14 (3) any other matter considered by the commissioner to
3-15 be relevant to the safety of mobile amusement rides in this state.
3-16 Sec. 761.004. COMMISSIONER POWERS AND DUTIES. (a) The
3-17 commissioner, with the advice of the advisory board, shall adopt
3-18 rules to administer and enforce this chapter.
3-19 (b) The commissioner may employ staff in the department as
3-20 necessary to administer and enforce this chapter.
3-21 Sec. 761.005. RULES. (a) The commissioner shall adopt rules
3-22 to ensure the safe and uniform maintenance by operators of
3-23 amusement rides in this state. Rules adopted under this subsection
3-24 must meet or exceed ASTM standards for mobile amusement rides and
3-25 devices.
3-26 (b) The rules adopted under this section are minimum
3-27 standards. The rules must be comprehensive and must:
4-1 (1) ensure that operators are proficient and trained
4-2 in the installation, maintenance, transportation, operation, and
4-3 inspection of mobile amusement rides;
4-4 (2) establish qualifications for certified inspectors;
4-5 (3) establish the frequency and extent of periodic
4-6 inspections of mobile amusement rides; and
4-7 (4) establish appropriate standards for the
4-8 installation, maintenance, transportation, operation, and
4-9 inspection of mobile amusement rides in this state.
4-10 (c) The rules may include requirements for the examination,
4-11 testing, and licensing of operators.
4-12 (d) Rules adopted under this section must include methods to
4-13 test and identify stress-damaged and wear-damaged components of a
4-14 ride that could result in a failure likely to cause serious injury
4-15 or death to a passenger or bystander.
4-16 (e) Rules adopted under this chapter may apply to mobile
4-17 amusement rides that are sold in this state.
4-18 Sec. 761.006. FEES. (a) The commissioner shall establish
4-19 reasonable and necessary annual registration and inspection fees
4-20 for mobile amusement rides operated in this state.
4-21 (b) All fees collected under this chapter shall be deposited
4-22 to the credit of an account in the general revenue fund that may be
4-23 used only by the commissioner to administer and enforce this
4-24 chapter.
4-25 Sec. 761.007. INSURANCE REQUIREMENTS. (a) Except as
4-26 provided by Subsection (b), a person may not operate a mobile
4-27 amusement ride unless the ride is covered by an insurance policy
5-1 that insures the operator against liability in an amount not less
5-2 than $1 million per occurrence and that is written by an insurance
5-3 company authorized to do business in this state, or by an eligible
5-4 surplus lines insurer under Article 1.14-2, Insurance Code, or by
5-5 an independently procured policy subject to Chapter 101, Insurance
5-6 Code.
5-7 (b) A person may not operate a mobile amusement ride
5-8 designed primarily for children younger than 12 years of age unless
5-9 the ride is covered by a $500,000 per occurrence liability
5-10 insurance policy.
5-11 (c) An insurance company issuing a policy under this section
5-12 shall issue an insurance certificate to the operator and mail a
5-13 copy of the certificate to the department. The certificate must
5-14 indicate the dates the insurance policy is in effect and the amount
5-15 and type of coverage.
5-16 (d) The commissioner by rule may establish more stringent
5-17 insurance requirements than those imposed by this section.
5-18 Sec. 761.008. REGISTERED INSPECTORS. (a) The department
5-19 shall register inspectors of mobile amusement rides under this
5-20 chapter.
5-21 (b) To be eligible to register, a person must at least meet
5-22 ASTM standards for certification as an inspector. A person who
5-23 assists a registered inspector is not required to be registered.
5-24 (c) The commissioner may set a fee for registering
5-25 inspectors in an amount reasonable and necessary to administer the
5-26 registration program and may set an annual renewal fee for
5-27 registered inspectors in an amount not less than $25.
6-1 (d) The commissioner may not prohibit a registered inspector
6-2 from inspecting a mobile amusement ride or related equipment.
6-3 (e) The commissioner shall compile a list of registered
6-4 inspectors.
6-5 (f) The commissioner may deny, suspend, or revoke the
6-6 registration of any certified inspector for:
6-7 (1) obtaining a registration from the department by
6-8 fraud or false representation;
6-9 (2) falsifying any inspection report submitted to the
6-10 commissioner; or
6-11 (3) violating this chapter or a rule adopted under
6-12 this chapter.
6-13 Sec. 761.009. LAW ENFORCEMENT INSPECTIONS. (a) A municipal,
6-14 county, or state law enforcement officer at any time without notice
6-15 may inspect a mobile amusement ride and request proof of compliance
6-16 with the requirements of this chapter to ensure public safety.
6-17 (b) On request by a law enforcement officer under Subsection
6-18 (a), the operator of a mobile amusement ride shall immediately
6-19 provide the insurance certificate and inspection reports required
6-20 by this chapter.
6-21 (c) A law enforcement officer acting under this section
6-22 shall prohibit the operation of a mobile amusement ride if:
6-23 (1) the operator of the mobile amusement ride does not
6-24 display a current inspection sticker and possess a current
6-25 insurance certificate; or
6-26 (2) the operation of the mobile amusement ride, the
6-27 conduct of the operator, or any other circumstance causes the law
7-1 enforcement officer to reasonably believe that the mobile amusement
7-2 ride is unsafe, the operator is in violation of Section 761.010 of
7-3 this code or Section 49.065, Penal Code, or the safety of any
7-4 passenger on the mobile amusement ride is threatened.
7-5 (d) If the operation of a mobile amusement ride is
7-6 prohibited under Subsection (c)(1), its operation may not resume
7-7 until the operator is able to show a law enforcement officer a
7-8 current insurance certificate and inspection report for that
7-9 specific mobile amusement ride.
7-10 (e) If the operation of a mobile amusement ride is
7-11 terminated under Subsection (c)(2), its operation may not resume
7-12 until the matter is investigated by a registered inspector and the
7-13 commissioner determines that the mobile amusement ride is in
7-14 compliance with applicable standards and regulations.
7-15 (f) Unless a law enforcement officer's act or omission
7-16 involves intentional conduct, gross negligence, or malice, the
7-17 officer is not liable for terminating or failing to terminate the
7-18 operation of a mobile amusement ride under Subsection (c)(2).
7-19 Sec. 761.010. CONDITION OF OPERATORS. A person may not
7-20 operate a mobile amusement ride under the influence of illegal
7-21 drugs, while intoxicated, or while the person's physical or mental
7-22 condition does not allow the person to operate the ride safely.
7-23 Sec. 761.011. DISPLAY OF RIDE RESTRICTIONS. All restrictions
7-24 for passengers, including height and physical restrictions,
7-25 required by this chapter or by rules adopted under this chapter
7-26 must be displayed prominently on the ride and must be visible from
7-27 all boarding areas.
8-1 Sec. 761.012. RIDE OPERATION REQUIREMENTS. (a) The operator
8-2 of a mobile amusement ride who obtains the insurance coverage
8-3 required under this chapter shall deliver a copy of the current
8-4 insurance certificate to each operator of the ride.
8-5 (b) A mobile amusement ride may not be operated unless each
8-6 operator possesses a current inspection report and insurance
8-7 certificate.
8-8 Sec. 761.013. INSPECTIONS. (a) A mobile amusement ride
8-9 shall be inspected by a registered inspector at least once every
8-10 180 days. After each inspection, the registered inspector shall
8-11 issue a completed report to the mobile amusement ride operator and
8-12 file a copy with the department.
8-13 (b) The fee for an inspection of a mobile amusement ride
8-14 shall be $50 unless the commissioner by rule increases the fee.
8-15 (c) An inspection report must be made on a form prescribed
8-16 by the commissioner and be signed and dated by the registered
8-17 inspector.
8-18 (d) The department shall maintain inspection reports filed
8-19 under this section for at least 10 years.
8-20 (e) If an inspection produces evidence of a violation of
8-21 this chapter or rules adopted under this chapter or indicates a
8-22 need for corrective action on the part of an operator, the
8-23 inspection report must include a detailed description of each
8-24 violation, discrepancy, or item in need of attention.
8-25 (f) If an inspection finds no violation or need for
8-26 corrective action, the inspector shall provide the operator with a
8-27 weather-proof, adhesive sticker, signed by the inspector, and
9-1 showing the date of the inspection, that the inspector shall affix
9-2 to the mobile amusement ride in a visible location.
9-3 (g) If multiple mobile amusement rides are being operated at
9-4 the same location, the requirements of this section may be
9-5 satisfied with a single inspection report and inspection
9-6 certificate relating to all mobile amusement rides being operated
9-7 at that location. A report issued under this subsection must:
9-8 (1) describe the location;
9-9 (2) list the mobile amusement rides being operated at
9-10 that location;
9-11 (3) state that each mobile amusement ride has been
9-12 inspected by a registered inspector and found to be in compliance
9-13 with this chapter; and
9-14 (4) explain any exceptions or waivers granted by the
9-15 inspector.
9-16 Sec. 761.014. INSPECTION BY OPERATOR. A mobile amusement
9-17 ride may not be operated until an operator of the ride has
9-18 inspected it to determine whether the ride is in safe working
9-19 condition:
9-20 (1) after the ride has been assembled at a location
9-21 where rides are offered; and
9-22 (2) before operating the ride each day that rides are
9-23 offered to the public at the location.
9-24 Sec. 761.015. RIDE REGISTRATION. (a) A mobile amusement
9-25 ride may not be operated in this state unless the ride is
9-26 registered with the department. The annual mobile amusement ride
9-27 registration fee is $50 unless the commissioner by rule sets a
10-1 higher fee.
10-2 (b) A person registering a mobile amusement ride shall
10-3 provide to the department the name, address, and telephone number
10-4 of the mobile amusement ride owner, and the make, model, and serial
10-5 number of the mobile amusement ride being registered.
10-6 Sec. 761.016. INJURY OR DEATH INVOLVING A RIDE. (a) If an
10-7 injury or death occurs during the installation, maintenance,
10-8 operation, or inspection of a mobile amusement ride, the operator
10-9 shall file with the department a report on a form prescribed by the
10-10 commissioner, providing the name of any injured party, a
10-11 description of how the incident occurred, the name of each
10-12 operator, and the make, model, and manufacturer of the mobile
10-13 amusement ride.
10-14 (b) Subsection (a) applies to an injury or death that occurs
10-15 outside the state if the operator is authorized to operate mobile
10-16 amusement rides in this state.
10-17 (c) If an incident that is required to be reported under
10-18 Subsection (a) results in the death of any person, operation of the
10-19 mobile amusement ride shall be terminated immediately and may not
10-20 be resumed until the commissioner determines, after a department
10-21 investigation, that operation of the mobile amusement ride does not
10-22 pose a significant risk of serious injury. The commissioner may
10-23 impose reasonable conditions as necessary for the safe operation of
10-24 a ride before the resumption of the operation of a ride under this
10-25 subsection.
10-26 (d) In the event of a death involving a mobile amusement
10-27 ride, the commissioner may suspend or terminate operation of
11-1 similar mobile amusement rides operating in this state that the
11-2 commissioner determines may cause injury or death.
11-3 Sec. 761.017. INVESTIGATION; LICENSE PROCEEDINGS;
11-4 INJUNCTION. (a) If the commissioner has good cause to believe that
11-5 a mobile amusement ride is dangerous or that an incident involving
11-6 a mobile amusement ride caused death, serious bodily injury, or
11-7 property damage or that an operator is not in compliance with this
11-8 chapter, the commissioner or the commissioner's designated
11-9 representative may enter the property during regular business hours
11-10 without prior notice to inspect the mobile amusement ride or
11-11 related equipment or to generally investigate any incident that
11-12 resulted in serious injury or death.
11-13 (b) The commissioner may bring suit in a district court in
11-14 Travis County or in the county in which a violation or threatened
11-15 violation of this chapter or a rule adopted under this chapter
11-16 occurs. The attorney general shall represent the commissioner in
11-17 the suit.
11-18 (c) The commissioner is entitled to appropriate injunctive
11-19 relief to prevent a violation or threatened violation of this
11-20 chapter or a rule adopted under this chapter.
11-21 Sec. 761.018. CRIMINAL PENALTIES. (a) A person commits an
11-22 offense if the person violates or fails to comply with this
11-23 chapter.
11-24 (b) Except as provided by Subsection (c), an offense under
11-25 this section is a Class B misdemeanor.
11-26 (c) An offense under Section 761.010 is a Class A
11-27 misdemeanor, unless the offense is a repeat offense or involves
12-1 injury or death, in which case it is a third degree felony.
12-2 SECTION 2. The heading to Chapter 2151, Occupations Code, is
12-3 amended to read as follows:
12-4 CHAPTER 2151. REGULATION OF AMUSEMENT PARK RIDES
12-5 SECTION 3. Section 2151.001, Occupations Code, is amended to
12-6 read as follows:
12-7 Sec. 2151.001. SHORT TITLE. This chapter may be cited as the
12-8 Amusement Park Ride Safety Inspection and Insurance Act.
12-9 SECTION 4. Section 2151.002, Occupations Code, is amended to
12-10 read as follows:
12-11 Sec. 2151.002. DEFINITIONS. In this chapter:
12-12 (1) "Amusement park" means the operation of an
12-13 amusement ride at a fixed location that has an admission fee.
12-14 (2) "Amusement ride" means a mechanical device that
12-15 carries passengers along, around, or over a fixed or restricted
12-16 course or within a defined area for the purpose of giving the
12-17 passengers amusement, pleasure, or excitement. The term does not
12-18 include:
12-19 (A) a coin-operated ride that:
12-20 (i) is manually, mechanically, or
12-21 electrically operated;
12-22 (ii) is customarily placed in a public
12-23 location; and
12-24 (iii) does not normally require the
12-25 supervision or services of an operator; or
12-26 (B) nonmechanized playground equipment,
12-27 including a swing, seesaw, stationary spring-mounted animal
13-1 feature, rider-propelled merry-go-round, climber, playground slide,
13-2 trampoline, and physical fitness device.
13-3 (3) [(2)] "Class A amusement ride" means an amusement
13-4 ride [with a fixed location] designed primarily for use by children
13-5 younger than 13 years of age.
13-6 (4) [(3)] "Class B amusement ride" means an amusement
13-7 ride that is not a Class A amusement ride.
13-8 (5) [(4)] "Commissioner" means the commissioner of
13-9 insurance.
13-10 (6) [(5)] "Department" means the Texas Department of
13-11 Insurance.
13-12 (7) [(6)] "Mobile amusement ride" means an amusement
13-13 ride that is designed or adapted to be moved from one location to
13-14 another and is not fixed at a single location.
13-15 SECTION 5. Subchapter A, Chapter 2151, Occupations Code, is
13-16 amended by adding Section 2151.003 to read as follows:
13-17 Sec. 2151.003. This chapter applies only to amusement rides
13-18 operated at an amusement park.
13-19 SECTION 6. Section 2151.151, Occupations Code, is amended to
13-20 read as follows:
13-21 Sec. 2151.151. INJUNCTION. The district attorney of a county
13-22 in which an amusement ride is operated or, on request of the
13-23 commissioner of insurance, the attorney general or an agent of the
13-24 attorney general, may seek an injunction against a person operating
13-25 an amusement ride in violation of this chapter or in violation of a
13-26 rule adopted by the commissioner under Section [2151.1021 or]
13-27 2151.105.
14-1 SECTION 7. Subchapter D, Chapter 2151, Occupations Code, is
14-2 amended by adding Section 2151.1525 to read as follows:
14-3 Sec. 2151.1525. PROHIBITION OF AMUSEMENT RIDE OPERATION. (a)
14-4 Except as provided by Subsection (e), a municipal, county, or state
14-5 law enforcement official may immediately prohibit operation of an
14-6 amusement ride if:
14-7 (1) the operator of the amusement ride is unable to
14-8 provide the documents or a photocopy of the documents required by
14-9 Section 2151.152(c);
14-10 (2) the law enforcement official reasonably believes
14-11 the amusement ride is not in compliance with Section 2151.101; or
14-12 (3) the operation of the amusement ride, conduct of a
14-13 person operating the amusement ride, or any other circumstance
14-14 causes the law enforcement official to reasonably believe that the
14-15 amusement ride is unsafe or the safety of a passenger on the
14-16 amusement ride is threatened.
14-17 (b) If the operation of an amusement ride is prohibited
14-18 under Subsection (a)(1) or (2), a person may not operate the
14-19 amusement ride unless:
14-20 (1) the operator presents to the appropriate
14-21 municipal, county, or state law enforcement official proof of
14-22 compliance with Section 2151.101; or
14-23 (2) the commissioner or the commissioner's designee
14-24 determines that on the date the amusement ride's operation was
14-25 prohibited the operator had on file with the board the documents
14-26 required by Section 2151.101 and issues a written statement
14-27 permitting the amusement ride to resume operation.
15-1 (c) If on the date an amusement ride's operation is
15-2 prohibited under Subsection (a)(3) the amusement ride is not in
15-3 compliance with Section 2151.101, a person may not operate the
15-4 amusement ride until the person complies with Section 2151.101.
15-5 (d) If on the date an amusement ride's operation is
15-6 prohibited under Subsection (a)(3) the amusement ride is in
15-7 compliance with Section 2151.101, a person may not operate the
15-8 amusement ride until:
15-9 (1) on-site corrections are made;
15-10 (2) an order from a district judge, county judge,
15-11 judge of a county court at law, justice of the peace, or municipal
15-12 judge permits the amusement ride to resume operation; or
15-13 (3) an insurance company insuring the amusement ride
15-14 on the date the amusement ride's operation was prohibited:
15-15 (A) reinspects the amusement ride in the same
15-16 manner required by Section 2151.101; and
15-17 (B) delivers to the commissioner or the
15-18 commissioner's designee and the appropriate law enforcement
15-19 official a reinspection certificate:
15-20 (i) stating that the required reinspection
15-21 has occurred;
15-22 (ii) stating that the amusement ride meets
15-23 coverage standards and is covered by insurance in compliance with
15-24 Section 2151.101; and
15-25 (iii) explaining the necessary repairs, if
15-26 any, that have been made to the amusement ride after its operation
15-27 was prohibited.
16-1 (e) Subsection (a) does not apply to an amusement ride
16-2 operated at an amusement park that was attended by more than
16-3 200,000 customers in the year preceding the inspection under
16-4 Section 2151.152(b).
16-5 SECTION 8. Section 2151.153(a), Occupations Code, is amended
16-6 to read as follows:
16-7 (a) A person commits an offense if the person fails to
16-8 comply with any requirement of:
16-9 (1) Section 2151.101, 2151.102, 2151.103, or
16-10 2151.1525(b), (c), or (d)[, or 2151.1526(a)]; or
16-11 (2) a rule adopted by the commissioner under Section
16-12 [2151.1021 or] 2151.105.
16-13 SECTION 9. Section 49.01(6), Penal Code, is amended to read
16-14 as follows:
16-15 (6) "Mobile amusement ride" has the meaning assigned
16-16 by Section 761.001, Health and Safety [2, Article 21.60, Insurance]
16-17 Code.
16-18 SECTION 10. The following laws are repealed:
16-19 (1) Section 2(6), Article 21.60, Insurance Code;
16-20 (2) Section 4(f), Article 21.60, Insurance Code; and
16-21 (3) Sections 10(k), (l), and (m), Article 21.60,
16-22 Insurance Code.
16-23 SECTION 11. The following sections of the Occupations Code,
16-24 as added by the Act of the 77th Legislature, Regular Session, 2001,
16-25 relating to nonsubstantive additions to and corrections in enacted
16-26 codes, are repealed:
16-27 (1) Section 2151.002(6);
17-1 (2) Section 2151.1021; and
17-2 (3) Section 2151.1526.
17-3 SECTION 12. (a) On January 1, 2002, the regulation of mobile
17-4 amusement rides formerly administered by the Texas Department of
17-5 Insurance is transferred to the commissioner of licensing and
17-6 regulation.
17-7 (b) All money, records, property, and equipment in the
17-8 custody of the Texas Department of Insurance on December 31, 2001,
17-9 for the regulation of mobile amusement rides shall be transferred
17-10 to the custody of the commissioner of licensing and regulation on
17-11 January 1, 2002.
17-12 SECTION 13. (a) In accordance with Section 311.031(c),
17-13 Government Code, which gives effect to a substantive amendment
17-14 enacted by the same legislature that codifies the amended statute,
17-15 the text of Sections 2151.002, 2151.151, and 2151.153, Occupations
17-16 Code, as set out in this Act, gives effect to changes made by
17-17 Sections 1, 4, and 6, Chapter 1364, Acts of the 76th Legislature,
17-18 Regular Session, 1999.
17-19 (b) To the extent of any conflict, this Act prevails over
17-20 another Act of the 77th Legislature, Regular Session, 2001,
17-21 relating to nonsubstantive additions and corrections in enacted
17-22 codes.
17-23 SECTION 14. (a) Except as provided by Subsection (b), this
17-24 Act takes effect January 1, 2002.
17-25 (b) Sections 761.002, 761.003, 761.004, 761.005, and
17-26 761.008, Health and Safety Code, as added by this Act, take effect
17-27 September 1, 2001.
18-1 (c) An offense committed on or after January 1, 2002, is
18-2 covered by this Act.
18-3 (d) An offense committed before January 1, 2002, is covered
18-4 by the law in effect when the offense was committed, and the former
18-5 law is continued in effect for that purpose. For purposes of this
18-6 section, an offense is committed before the effective date of this
18-7 Act if any element of the offense occurs before that date.