BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1892

79R14536 MSE-F                                                                                         By: Eiland (Barrientos)

                                                                                                                        Business & Commerce

                                                                                                                                            5/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, due to expanded interpretation of the law, challenge courses are required to register under the Texas Amusement Ride Safety Inspection and Insurance Act.  Challenge courses are not amusement rides.  Unlike amusement rides, challenge courses rely heavily on trained instructors and relevant curriculum.  Challenge courses are designed and used for educational purposes.  Trained facilitators lead groups through this properly sequenced collection of elements intended to gradually build self-confidence while promoting team building, trust, decision-making, conflict resolution, and communication skills.  Participants are presented with increasingly difficult challenges that require a physical, social, emotional, and intellectual response.

 

H.B. 1892 seeks to clarify the original legislation, exempting such courses from this Act.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter C, Chapter 2151, Occupations Code, by adding Section 2151.107, as follows:

 

Sec. 2151.107.  EXCEPTION FOR CERTAIN CHALLENGE COURSES MEETING INSURANCE REQUIREMENT.  (a)  Defines "challenge course."

 

(b)  Provides that a challenge course or any part of a challenge course is not considered an amusement ride subject to regulation under this chapter if the person who operates the challenge course has a combined single limit or split limit insurance policy currently in effect written by an insurance company authorized to do business in this state or by a surplus lines insurer, as defined by Chapter 981 (Surplus Lines Insurance), Insurance Code, or has an independently procured policy subject to Chapter 101 (Unauthorized Insurance), Insurance Code, insuring the operator against liability for injury to persons arising out of the use of the challenge course in certain variable amounts.

 

SECTION 2.  Effective date: upon passage or September 1, 2005.