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.