1-1 By: Barrientos S.B. No. 1622
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Business and Commerce;
1-4 April 9, 2001, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 9, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of amusement rides; providing a criminal
1-9 penalty.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
1-12 amended by adding Chapter 761 to read as follows:
1-13 CHAPTER 761. MOBILE AMUSEMENT RIDES
1-14 Sec. 761.001. DEFINITIONS. In this chapter:
1-15 (1) "Advisory board" means the mobile amusement ride
1-16 advisory board.
1-17 (2) "Amusement ride" has the meaning assigned by
1-18 Section 2151.002, Occupations Code.
1-19 (3) "ASTM standards" means standards developed by the
1-20 American Society of Testing and Materials applicable to amusement
1-21 rides and related devices.
1-22 (4) "Commission" means the Texas Commission of
1-23 Licensing and Regulation.
1-24 (5) "Commissioner" means the commissioner of licensing
1-25 and regulation.
1-26 (6) "Department" means the Texas Department of
1-27 Licensing and Regulation.
1-28 (7) "Mobile amusement ride" means an amusement ride
1-29 that is capable of being moved from one location to another and is
1-30 not located in an amusement park.
1-31 (8) "Operator" means the owner, lessor, lessee, or
1-32 sponsor of a mobile amusement ride, and any person who operates a
1-33 mobile amusement ride in the state, including any person who
1-34 controls the starting, stopping, or speed of a mobile amusement
1-35 ride.
1-36 Sec. 761.002. ADVISORY BOARD. (a) The commissioner shall
1-37 appoint the mobile amusement ride advisory board. The advisory
1-38 board is composed of six members as follows:
1-39 (1) one representative of the insurance industry;
1-40 (2) one registered mobile amusement ride inspector;
1-41 (3) one representative of the mobile amusement ride
1-42 industry;
1-43 (4) one representative of the mobile amusement ride
1-44 manufacturing industry;
1-45 (5) one certified safety professional; and
1-46 (6) one public member who has no financial interest in
1-47 the mobile amusement ride industry.
1-48 (b) The office of public insurance counsel shall appoint one
1-49 representative of that office to the advisory board to serve ex
1-50 officio.
1-51 (c) Advisory board members serve at the will of the
1-52 commissioner.
1-53 (d) The commissioner shall appoint a presiding officer of
1-54 the advisory board.
1-55 (e) The advisory board shall meet at least twice each
1-56 calendar year.
1-57 (f) An advisory board member may not receive compensation
1-58 for service on the advisory board, but is entitled to reimbursement
1-59 for the travel expenses incurred by the member while conducting the
1-60 business of the advisory board, as provided by the General
1-61 Appropriations Act.
1-62 (g) Chapter 2110, Government Code, does not apply to the
1-63 advisory board.
1-64 Sec. 761.003. ADVISORY BOARD DUTIES. To protect public
2-1 safety and to identify and correct potential hazards, the advisory
2-2 board shall advise the commissioner on:
2-3 (1) the development and adoption of rules for mobile
2-4 amusement rides;
2-5 (2) the safety of mobile amusement rides and related
2-6 equipment used in this state by the public; and
2-7 (3) any other matter considered by the commissioner to
2-8 be relevant to the safety of mobile amusement rides in this state.
2-9 Sec. 761.004. COMMISSIONER POWERS AND DUTIES. (a) The
2-10 commissioner, with the advice of the advisory board, shall adopt
2-11 rules to administer and enforce this chapter.
2-12 (b) The commissioner may employ staff in the department as
2-13 necessary to administer and enforce this chapter.
2-14 Sec. 761.005. RULES. (a) The commissioner shall adopt
2-15 rules to ensure the safe and uniform maintenance by operators of
2-16 amusement rides in this state. Rules adopted under this subsection
2-17 must meet or exceed ASTM standards for mobile amusement rides and
2-18 devices.
2-19 (b) The rules adopted under this section are minimum
2-20 standards. The rules must be comprehensive and must:
2-21 (1) ensure that operators are proficient and trained
2-22 in the installation, maintenance, transportation, operation, and
2-23 inspection of mobile amusement rides;
2-24 (2) establish qualifications for certified inspectors;
2-25 (3) establish the frequency and extent of periodic
2-26 inspections of mobile amusement rides; and
2-27 (4) establish appropriate standards for the
2-28 installation, maintenance, transportation, operation, and
2-29 inspection of mobile amusement rides in this state.
2-30 (c) The rules may include requirements for the examination,
2-31 testing, and licensing of operators.
2-32 (d) Rules adopted under this section must include methods to
2-33 test and identify stress-damaged and wear-damaged components of a
2-34 ride that could result in a failure likely to cause serious injury
2-35 or death to a passenger or bystander.
2-36 (e) Rules adopted under this chapter may apply to mobile
2-37 amusement rides that are sold in this state.
2-38 Sec. 761.006. FEES. (a) The commissioner shall establish
2-39 reasonable and necessary annual registration and inspection fees
2-40 for mobile amusement rides operated in this state.
2-41 (b) All fees collected under this chapter shall be deposited
2-42 to the credit of an account in the general revenue fund that may be
2-43 used only by the commissioner to administer and enforce this
2-44 chapter.
2-45 Sec. 761.007. INSURANCE REQUIREMENTS. (a) Except as
2-46 provided by Subsection (b), a person may not operate a mobile
2-47 amusement ride unless the ride is covered by an insurance policy
2-48 that insures the operator against liability in an amount not less
2-49 than $1 million per occurrence and that is written by an insurance
2-50 company authorized to do business in this state, or by an eligible
2-51 surplus lines insurer under Article 1.14-2, Insurance Code, or by
2-52 an independently procured policy subject to Chapter 101, Insurance
2-53 Code.
2-54 (b) A person may not operate a mobile amusement ride
2-55 designed primarily for children younger than 12 years of age unless
2-56 the ride is covered by a $500,000 per occurrence liability
2-57 insurance policy.
2-58 (c) An insurance company issuing a policy under this section
2-59 shall issue an insurance certificate to the operator and mail a
2-60 copy of the certificate to the department. The certificate must
2-61 indicate the dates the insurance policy is in effect and the amount
2-62 and type of coverage.
2-63 (d) The commissioner by rule may establish more stringent
2-64 insurance requirements than those imposed by this section.
2-65 Sec. 761.008. REGISTERED INSPECTORS. (a) The department
2-66 shall register inspectors of mobile amusement rides under this
2-67 chapter.
2-68 (b) To be eligible to register, a person must at least meet
2-69 ASTM standards for certification as an inspector. A person who
3-1 assists a registered inspector is not required to be registered.
3-2 (c) The commissioner may set a fee for registering
3-3 inspectors in an amount reasonable and necessary to administer the
3-4 registration program and may set an annual renewal fee for
3-5 registered inspectors in an amount not less than $25.
3-6 (d) The commissioner may not prohibit a registered inspector
3-7 from inspecting a mobile amusement ride or related equipment.
3-8 (e) The commissioner shall compile a list of registered
3-9 inspectors.
3-10 (f) The commissioner may deny, suspend, or revoke the
3-11 registration of any certified inspector for:
3-12 (1) obtaining a registration from the department by
3-13 fraud or false representation;
3-14 (2) falsifying any inspection report submitted to the
3-15 commissioner; or
3-16 (3) violating this chapter or a rule adopted under
3-17 this chapter.
3-18 Sec. 761.009. LAW ENFORCEMENT INSPECTIONS. (a) A
3-19 municipal, county, or state law enforcement officer at any time
3-20 without notice may inspect a mobile amusement ride and request
3-21 proof of compliance with the requirements of this chapter to ensure
3-22 public safety.
3-23 (b) On request by a law enforcement officer under Subsection
3-24 (a), the operator of a mobile amusement ride shall immediately
3-25 provide the insurance certificate and inspection reports required
3-26 by this chapter.
3-27 (c) A law enforcement officer acting under this section
3-28 shall prohibit the operation of a mobile amusement ride if:
3-29 (1) the operator of the mobile amusement ride does not
3-30 display a current inspection sticker and possess a current
3-31 insurance certificate; or
3-32 (2) the operation of the mobile amusement ride, the
3-33 conduct of the operator, or any other circumstance causes the law
3-34 enforcement officer to reasonably believe that the mobile amusement
3-35 ride is unsafe, the operator is in violation of Section 761.010 of
3-36 this code or Section 49.065, Penal Code, or the safety of any
3-37 passenger on the mobile amusement ride is threatened.
3-38 (d) If the operation of a mobile amusement ride is
3-39 prohibited under Subsection (c)(1), its operation may not resume
3-40 until the operator is able to show a law enforcement officer a
3-41 current insurance certificate and inspection report for that
3-42 specific mobile amusement ride.
3-43 (e) If the operation of a mobile amusement ride is
3-44 terminated under Subsection (c)(2), its operation may not resume
3-45 until the matter is investigated by a registered inspector and the
3-46 commissioner determines that the mobile amusement ride is in
3-47 compliance with applicable standards and regulations.
3-48 (f) Unless a law enforcement officer's act or omission
3-49 involves intentional conduct, gross negligence, or malice, the
3-50 officer is not liable for terminating or failing to terminate the
3-51 operation of a mobile amusement ride under Subsection (c)(2).
3-52 Sec. 761.010. CONDITION OF OPERATORS. A person may not
3-53 operate a mobile amusement ride under the influence of illegal
3-54 drugs, while intoxicated, or while the person's physical or mental
3-55 condition does not allow the person to operate the ride safely.
3-56 Sec. 761.011. DISPLAY OF RIDE RESTRICTIONS. All
3-57 restrictions for passengers, including height and physical
3-58 restrictions, required by this chapter or by rules adopted under
3-59 this chapter must be displayed prominently on the ride and must be
3-60 visible from all boarding areas.
3-61 Sec. 761.012. RIDE OPERATION REQUIREMENTS. (a) The
3-62 operator of a mobile amusement ride who obtains the insurance
3-63 coverage required under this chapter shall deliver a copy of the
3-64 current insurance certificate to each operator of the ride.
3-65 (b) A mobile amusement ride may not be operated unless each
3-66 operator possesses a current inspection report and insurance
3-67 certificate.
3-68 Sec. 761.013. INSPECTIONS. (a) A mobile amusement ride
3-69 shall be inspected by a registered inspector at least once every
4-1 180 days. After each inspection, the registered inspector shall
4-2 issue a completed report to the mobile amusement ride operator and
4-3 file a copy with the department.
4-4 (b) The fee for an inspection of a mobile amusement ride
4-5 shall be $50 unless the commissioner by rule increases the fee.
4-6 (c) An inspection report must be made on a form prescribed
4-7 by the commissioner and be signed and dated by the registered
4-8 inspector.
4-9 (d) The department shall maintain inspection reports filed
4-10 under this section for at least 10 years.
4-11 (e) If an inspection produces evidence of a violation of
4-12 this chapter or rules adopted under this chapter or indicates a
4-13 need for corrective action on the part of an operator, the
4-14 inspection report must include a detailed description of each
4-15 violation, discrepancy, or item in need of attention.
4-16 (f) If an inspection finds no violation or need for
4-17 corrective action, the inspector shall provide the operator with a
4-18 weather-proof, adhesive sticker, signed by the inspector, and
4-19 showing the date of the inspection, that the inspector shall affix
4-20 to the mobile amusement ride in a visible location.
4-21 (g) If multiple mobile amusement rides are being operated at
4-22 the same location, the requirements of this section may be
4-23 satisfied with a single inspection report and inspection
4-24 certificate relating to all mobile amusement rides being operated
4-25 at that location. A report issued under this subsection must:
4-26 (1) describe the location;
4-27 (2) list the mobile amusement rides being operated at
4-28 that location;
4-29 (3) state that each mobile amusement ride has been
4-30 inspected by a registered inspector and found to be in compliance
4-31 with this chapter; and
4-32 (4) explain any exceptions or waivers granted by the
4-33 inspector.
4-34 Sec. 761.014. INSPECTION BY OPERATOR. A mobile amusement
4-35 ride may not be operated until an operator of the ride has
4-36 inspected it to determine whether the ride is in safe working
4-37 condition:
4-38 (1) after the ride has been assembled at a location
4-39 where rides are offered; and
4-40 (2) before operating the ride each day that rides are
4-41 offered to the public at the location.
4-42 Sec. 761.015. RIDE REGISTRATION. (a) A mobile amusement
4-43 ride may not be operated in this state unless the ride is
4-44 registered with the department. The annual mobile amusement ride
4-45 registration fee is $50 unless the commissioner by rule sets a
4-46 higher fee.
4-47 (b) A person registering a mobile amusement ride shall
4-48 provide to the department the name, address, and telephone number
4-49 of the mobile amusement ride owner, and the make, model, and serial
4-50 number of the mobile amusement ride being registered.
4-51 Sec. 761.016. INJURY OR DEATH INVOLVING A RIDE. (a) If an
4-52 injury or death occurs during the installation, maintenance,
4-53 operation, or inspection of a mobile amusement ride, the operator
4-54 shall file with the department a report on a form prescribed by the
4-55 commissioner, providing the name of any injured party, a
4-56 description of how the incident occurred, the name of each
4-57 operator, and the make, model, and manufacturer of the mobile
4-58 amusement ride.
4-59 (b) Subsection (a) applies to an injury or death that occurs
4-60 outside the state if the operator is authorized to operate mobile
4-61 amusement rides in this state.
4-62 (c) If an incident that is required to be reported under
4-63 Subsection (a) results in the death of any person, operation of the
4-64 mobile amusement ride shall be terminated immediately and may not
4-65 be resumed until the commissioner determines, after a department
4-66 investigation, that operation of the mobile amusement ride does not
4-67 pose a significant risk of serious injury. The commissioner may
4-68 impose reasonable conditions as necessary for the safe operation of
4-69 a ride before the resumption of the operation of a ride under this
5-1 subsection.
5-2 (d) In the event of a death involving a mobile amusement
5-3 ride, the commissioner may suspend or terminate operation of
5-4 similar mobile amusement rides operating in this state that the
5-5 commissioner determines may cause injury or death.
5-6 Sec. 761.017. INVESTIGATION; LICENSE PROCEEDINGS;
5-7 INJUNCTION. (a) If the commissioner has good cause to believe
5-8 that a mobile amusement ride is dangerous or that an incident
5-9 involving a mobile amusement ride caused death, serious bodily
5-10 injury, or property damage or that an operator is not in compliance
5-11 with this chapter, the commissioner or the commissioner's
5-12 designated representative may enter the property during regular
5-13 business hours without prior notice to inspect the mobile amusement
5-14 ride or related equipment or to generally investigate any incident
5-15 that resulted in serious injury or death.
5-16 (b) The commissioner may bring suit in a district court in
5-17 Travis County or in the county in which a violation or threatened
5-18 violation of this chapter or a rule adopted under this chapter
5-19 occurs. The attorney general shall represent the commissioner in
5-20 the suit.
5-21 (c) The commissioner is entitled to appropriate injunctive
5-22 relief to prevent a violation or threatened violation of this
5-23 chapter or a rule adopted under this chapter.
5-24 Sec. 761.018. CRIMINAL PENALTIES. (a) A person commits an
5-25 offense if the person violates or fails to comply with this
5-26 chapter.
5-27 (b) Except as provided by Subsection (c), an offense under
5-28 this section is a Class B misdemeanor.
5-29 (c) An offense under Section 761.010 is a Class A
5-30 misdemeanor, unless the offense is a repeat offense or involves
5-31 injury or death, in which case it is a third degree felony.
5-32 SECTION 2. The heading to Chapter 2151, Occupations Code, is
5-33 amended to read as follows:
5-34 CHAPTER 2151. REGULATION OF AMUSEMENT PARK RIDES
5-35 SECTION 3. Section 2151.001, Occupations Code, is amended to
5-36 read as follows:
5-37 Sec. 2151.001. SHORT TITLE. This chapter may be cited as
5-38 the Amusement Park Ride Safety Inspection and Insurance Act.
5-39 SECTION 4. Section 2151.002, Occupations Code, is amended to
5-40 read as follows:
5-41 Sec. 2151.002. DEFINITIONS. In this chapter:
5-42 (1) "Amusement park" means the operation of an
5-43 amusement ride at a fixed location that has an admission fee.
5-44 (2) "Amusement ride" means a mechanical device that
5-45 carries passengers along, around, or over a fixed or restricted
5-46 course or within a defined area for the purpose of giving the
5-47 passengers amusement, pleasure, or excitement. The term does not
5-48 include:
5-49 (A) a coin-operated ride that:
5-50 (i) is manually, mechanically, or
5-51 electrically operated;
5-52 (ii) is customarily placed in a public
5-53 location; and
5-54 (iii) does not normally require the
5-55 supervision or services of an operator; or
5-56 (B) nonmechanized playground equipment,
5-57 including a swing, seesaw, stationary spring-mounted animal
5-58 feature, rider-propelled merry-go-round, climber, playground slide,
5-59 trampoline, and physical fitness device.
5-60 (3) [(2)] "Class A amusement ride" means an amusement
5-61 ride [with a fixed location] designed primarily for use by children
5-62 younger than 13 years of age.
5-63 (4) [(3)] "Class B amusement ride" means an amusement
5-64 ride that is not a Class A amusement ride.
5-65 (5) [(4)] "Commissioner" means the commissioner of
5-66 insurance.
5-67 (6) [(5)] "Department" means the Texas Department of
5-68 Insurance.
5-69 (7) [(6)] "Mobile amusement ride" means an amusement
6-1 ride that is designed or adapted to be moved from one location to
6-2 another and is not fixed at a single location.
6-3 SECTION 5. Subchapter A, Chapter 2151, Occupations Code, is
6-4 amended by adding Section 2151.003 to read as follows:
6-5 Sec. 2151.003. This chapter applies only to amusement rides
6-6 operated at an amusement park.
6-7 SECTION 6. Section 2151.151, Occupations Code, is amended to
6-8 read as follows:
6-9 Sec. 2151.151. INJUNCTION. The district attorney of a
6-10 county in which an amusement ride is operated or, on request of the
6-11 commissioner of insurance, the attorney general or an agent of the
6-12 attorney general, may seek an injunction against a person operating
6-13 an amusement ride in violation of this chapter or in violation of a
6-14 rule adopted by the commissioner under Section [2151.1021 or]
6-15 2151.105.
6-16 SECTION 7. Subchapter D, Chapter 2151, Occupations Code, is
6-17 amended by adding Section 2151.1525 to read as follows:
6-18 Sec. 2151.1525. PROHIBITION OF AMUSEMENT RIDE OPERATION.
6-19 (a) Except as provided by Subsection (e), a municipal, county, or
6-20 state law enforcement official may immediately prohibit operation
6-21 of an amusement ride if:
6-22 (1) the operator of the amusement ride is unable to
6-23 provide the documents or a photocopy of the documents required by
6-24 Section 2151.152(c);
6-25 (2) the law enforcement official reasonably believes
6-26 the amusement ride is not in compliance with Section 2151.101; or
6-27 (3) the operation of the amusement ride, conduct of a
6-28 person operating the amusement ride, or any other circumstance
6-29 causes the law enforcement official to reasonably believe that the
6-30 amusement ride is unsafe or the safety of a passenger on the
6-31 amusement ride is threatened.
6-32 (b) If the operation of an amusement ride is prohibited
6-33 under Subsection (a)(1) or (2), a person may not operate the
6-34 amusement ride unless:
6-35 (1) the operator presents to the appropriate
6-36 municipal, county, or state law enforcement official proof of
6-37 compliance with Section 2151.101; or
6-38 (2) the commissioner or the commissioner's designee
6-39 determines that on the date the amusement ride's operation was
6-40 prohibited the operator had on file with the board the documents
6-41 required by Section 2151.101 and issues a written statement
6-42 permitting the amusement ride to resume operation.
6-43 (c) If on the date an amusement ride's operation is
6-44 prohibited under Subsection (a)(3) the amusement ride is not in
6-45 compliance with Section 2151.101, a person may not operate the
6-46 amusement ride until the person complies with Section 2151.101.
6-47 (d) If on the date an amusement ride's operation is
6-48 prohibited under Subsection (a)(3) the amusement ride is in
6-49 compliance with Section 2151.101, a person may not operate the
6-50 amusement ride until:
6-51 (1) on-site corrections are made;
6-52 (2) an order from a district judge, county judge,
6-53 judge of a county court at law, justice of the peace, or municipal
6-54 judge permits the amusement ride to resume operation; or
6-55 (3) an insurance company insuring the amusement ride
6-56 on the date the amusement ride's operation was prohibited:
6-57 (A) reinspects the amusement ride in the same
6-58 manner required by Section 2151.101; and
6-59 (B) delivers to the commissioner or the
6-60 commissioner's designee and the appropriate law enforcement
6-61 official a reinspection certificate:
6-62 (i) stating that the required reinspection
6-63 has occurred;
6-64 (ii) stating that the amusement ride meets
6-65 coverage standards and is covered by insurance in compliance with
6-66 Section 2151.101; and
6-67 (iii) explaining the necessary repairs, if
6-68 any, that have been made to the amusement ride after its operation
6-69 was prohibited.
7-1 (e) Subsection (a) does not apply to an amusement ride
7-2 operated at an amusement park that was attended by more than
7-3 200,000 customers in the year preceding the inspection under
7-4 Section 2151.152(b).
7-5 SECTION 8. Subsection (a), Section 2151.153, Occupations
7-6 Code, is amended to read as follows:
7-7 (a) A person commits an offense if the person fails to
7-8 comply with any requirement of:
7-9 (1) Section 2151.101, 2151.102, 2151.103, or
7-10 2151.1525(b), (c), or (d)[, or 2151.1526(a)]; or
7-11 (2) a rule adopted by the commissioner under Section
7-12 [2151.1021 or] 2151.105.
7-13 SECTION 9. Subdivision (6), Section 49.01, Penal Code, is
7-14 amended to read as follows:
7-15 (6) "Mobile amusement ride" has the meaning assigned
7-16 by Section 761.001, Health and Safety [2, Article 21.60, Insurance]
7-17 Code.
7-18 SECTION 10. The following laws are repealed:
7-19 (1) Subdivision (6), Section 2, Article 21.60,
7-20 Insurance Code;
7-21 (2) Subsection (f), Section 4, Article 21.60,
7-22 Insurance Code; and
7-23 (3) Subsections (k), (l), and (m), Section 10, Article
7-24 21.60, Insurance Code.
7-25 SECTION 11. The following provisions of the Occupations
7-26 Code, as added by the Act of the 77th Legislature, Regular Session,
7-27 2001, relating to nonsubstantive additions to and corrections in
7-28 enacted codes, are repealed:
7-29 (1) Subdivision (6), Section 2151.002;
7-30 (2) Section 2151.1021; and
7-31 (3) Section 2151.1526.
7-32 SECTION 12. (a) On January 1, 2002, the regulation of
7-33 mobile amusement rides formerly administered by the Texas
7-34 Department of Insurance is transferred to the commissioner of
7-35 licensing and regulation.
7-36 (b) All money, records, property, and equipment in the
7-37 custody of the Texas Department of Insurance on December 31, 2001,
7-38 for the regulation of mobile amusement rides shall be transferred
7-39 to the custody of the commissioner of licensing and regulation on
7-40 January 1, 2002.
7-41 SECTION 13. (a) In accordance with Subsection (c), Section
7-42 311.031, Government Code, which gives effect to a substantive
7-43 amendment enacted by the same legislature that codifies the amended
7-44 statute, the text of Sections 2151.002, 2151.151, and 2151.153,
7-45 Occupations Code, as set out in this Act, gives effect to changes
7-46 made by Sections 1, 4, and 6, Chapter 1364, Acts of the 76th
7-47 Legislature, Regular Session, 1999.
7-48 (b) To the extent of any conflict, this Act prevails over
7-49 another Act of the 77th Legislature, Regular Session, 2001,
7-50 relating to nonsubstantive additions and corrections in enacted
7-51 codes.
7-52 SECTION 14. (a) Except as provided by Subsection (b), this
7-53 Act takes effect January 1, 2002.
7-54 (b) Sections 761.002, 761.003, 761.004, 761.005, and
7-55 761.008, Health and Safety Code, as added by this Act, take effect
7-56 September 1, 2001.
7-57 (c) An offense committed on or after January 1, 2002, is
7-58 covered by this Act.
7-59 (d) An offense committed before January 1, 2002, is covered
7-60 by the law in effect when the offense was committed, and the former
7-61 law is continued in effect for that purpose. For purposes of this
7-62 section, an offense is committed before the effective date of this
7-63 Act if any element of the offense occurs before that date.
7-64 * * * * *