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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability insurance requirements for certain |
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amusement rides that operate in a manner similar to a train. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2151.101(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person may not operate an amusement ride unless the |
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person: |
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(1) has had the amusement ride inspected at least once |
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a year by an insurer or a person with whom the insurer has |
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contracted; |
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(2) obtains a written certificate from the insurer or |
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person with whom the insurer has contracted stating that the |
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amusement ride: |
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(A) has been inspected; |
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(B) meets the standards for insurance coverage; |
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and |
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(C) is covered by the insurance required by |
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Subdivision (3); |
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(3) except as provided by Section 2151.1011, has a |
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combined single limit or split limit insurance policy currently in |
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effect written by an insurance company authorized to do business in |
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this state or by a surplus lines insurer, as defined by Chapter 981, |
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Insurance Code, or has an independently procured policy subject to |
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Chapter 101, Insurance Code, insuring the owner or operator against |
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liability for injury to persons arising out of the use of the |
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amusement ride in an amount of not less than: |
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(A) for Class A amusement rides: |
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(i) $100,000 bodily injury and $50,000 |
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property damage per occurrence with a $300,000 annual aggregate; |
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or |
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(ii) a $150,000 per occurrence combined |
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single limit with a $300,000 annual aggregate; and |
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(B) for Class B amusement rides: |
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(i) $1,000,000 bodily injury and $500,000 |
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property damage per occurrence; or |
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(ii) $1,500,000 per occurrence combined |
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single limit; |
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(4) files with the commissioner, as required by this |
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chapter, the inspection certificate and the insurance policy or a |
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photocopy of the certificate or policy authorized by the |
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commissioner; and |
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(5) files with each sponsor, lessor, landowner, or |
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other person responsible for the amusement ride being offered for |
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use by the public a photocopy of the inspection certificate and the |
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insurance policy required by this subsection. |
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SECTION 2. Subchapter C, Chapter 2151, Occupations Code, is |
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amended by adding Section 2151.1011 to read as follows: |
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Sec. 2151.1011. LIABILITY INSURANCE FOR CERTAIN AMUSEMENT |
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RIDES. (a) This section only applies to a Class B amusement ride |
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that: |
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(1) consists of a motorized vehicle that tows one or |
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more separate passenger cars in a manner similar to a train, but |
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without regard to whether the vehicle and cars operate on a fixed |
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track or course; |
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(2) does not travel under its own power in excess of 10 |
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miles per hour; |
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(3) has safety belts for all passengers; |
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(4) does not run on an elevated track; and |
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(5) has passenger seating areas enclosed by guardrails |
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or doors. |
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(b) A person may not operate an amusement ride described by |
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Subsection (a) unless the person has an insurance policy currently |
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in effect written by an insurance company authorized to conduct |
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business in this state or by a surplus lines insurer, as defined by |
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Chapter 981, Insurance Code, or has an independently procured |
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policy subject to Chapter 101, Insurance Code, insuring the owner |
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or operator against liability for injury to persons arising out of |
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the use of the amusement ride in an amount of not less than $1 |
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million in aggregate for all liability claims occurring in a policy |
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year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |