79R5858 MSE-F

By:  Barrientos                                                   S.B. No. 636



A BILL TO BE ENTITLED

AN ACT

relating to excluding a challenge course used for educational 
purposes from regulation as an amusement ride.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2151.002(1), Occupations Code, is 
amended to read as follows:
		(1)  "Amusement ride" means a mechanical device that 
carries passengers along, around, or over a fixed or restricted 
course or within a defined area for the purpose of giving the 
passengers amusement, pleasure, or excitement.  The term does not 
include:
			(A)  a coin-operated ride that:                                              
				(i)  is manually, mechanically, or 
electrically operated;                 
				(ii)  is customarily placed in a public 
location; and                     
				(iii)  does not normally require the 
supervision or services of an operator; [or]
			(B)  nonmechanized playground equipment, 
including a swing, seesaw, stationary spring-mounted animal 
feature, rider-propelled merry-go-round, climber, playground 
slide, trampoline, and physical fitness device; or
			(C)  a challenge course, which may include logs, 
tires, platforms, beams, bridges, poles, ladders, nets, climbing 
walls, climbing towers, traverses, cables, swings, or zip lines, 
that is constructed and used for educational purposes.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.