79R5751 PB-F
By: Armbrister S.B. No. 1282
A BILL TO BE ENTITLED
AN ACT
relating to insurance requirements for certain amusement rides.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2151.101(a), Occupations Code, is
amended to read as follows:
(a) A person may not operate an amusement ride unless the
person:
(1) has had the amusement ride inspected at least once
a year by an insurer or a person with whom the insurer has
contracted;
(2) obtains a written certificate from the insurer or
person with whom the insurer has contracted stating that the
amusement ride:
(A) has been inspected;
(B) meets the standards for insurance coverage;
and
(C) is covered by the insurance required by
Subdivision (3);
(3) has a combined single limit or split limit [an]
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, Insurance Code, or has an
independently procured policy subject to Chapter 101, Insurance
Code, insuring the owner or operator against liability for injury
to persons arising out of the use of the amusement ride in an amount
of not less than:
(A) for Class A amusement rides:
(i) $100,000 bodily injury and $50,000
property damage per occurrence with a $300,000 annual aggregate; or
(ii) a $150,000 per occurrence combined
single limit with a $300,000 annual aggregate [for Class A
amusement rides]; and
(B) for Class B amusement rides:
(i) $1,000,000 bodily injury and $500,000
property damage per occurrence; or
(ii) $1,500,000 per occurrence combined
single limit [for Class B amusement rides];
(4) files with the commissioner, as required by this
chapter, the inspection certificate and the insurance policy or a
photocopy of the certificate or policy authorized by the
commissioner; and
(5) files with each sponsor, lessor, landowner, or
other person responsible for the amusement ride being offered for
use by the public a photocopy of the inspection certificate and the
insurance policy required by this subsection.
SECTION 2. This Act applies only to an insurance policy,
certificate, or contract delivered, issued for delivery, or renewed
on or after January 1, 2006. A policy, certificate, or contract
delivered, issued for delivery, or renewed before January 1, 2006,
is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2005.