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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain inflatable amusement |
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structures; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2151, Occupations Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. INFLATABLE AMUSEMENT STRUCTURES |
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Sec. 2151.201. DEFINITION. (a) In this subchapter, |
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"inflatable amusement structure" means a structure that: |
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(1) is fabricated from flexible material; |
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(2) is inflated by one or more blowers to establish the |
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air pressure necessary to maintain the shape of the structure; |
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(3) is designed to provide amusement, pleasure, or |
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excitement; and |
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(4) does not exceed: |
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(A) a floor area of 250 square feet; or |
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(B) a height of 12 feet measured from the floor, |
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excluding the blower area, to the top of the structure. |
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(b) An inflatable amusement structure is not considered an |
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amusement ride for purposes of this chapter. |
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Sec. 2151.202. INSURANCE REQUIREMENTS. A person may not |
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operate an inflatable amusement structure unless the person has an |
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insurance policy currently in effect written by an insurance |
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company authorized to do business in this state or by a surplus |
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lines insurer, as defined by Chapter 981, Insurance Code, or has an |
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independently procured policy subject to Chapter 101, Insurance |
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Code, insuring the person against liability for injury to a person |
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arising out of the use of the structure, in an amount not less than: |
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(1) $100,000 per occurrence combined single limit; and |
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(2) $300,000 aggregate. |
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Sec. 2151.203. ENFORCEMENT; CRIMINAL PENALTY. (a) On |
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request of a municipal, county, or state law enforcement official, |
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the operator of an inflatable amusement structure shall immediately |
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provide to the official a copy of the insurance policy required by |
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Section 2151.202. |
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(b) A municipal, county, or state law enforcement official |
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may immediately prohibit operation of an inflatable amusement |
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structure if the operator fails to comply with Subsection (a). |
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(c) A person commits an offense if the person continues to |
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operate an inflatable amusement structure after a law enforcement |
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official has prohibited the person under Subsection (b) from |
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operating the structure. An offense under this subsection is a |
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Class B misdemeanor. |
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SECTION 2. The heading to Chapter 2151, Occupations Code, |
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is amended to read as follows: |
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CHAPTER 2151. REGULATION OF AMUSEMENT RIDES AND AMUSEMENT |
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STRUCTURES |
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SECTION 3. Subchapter E, Chapter 2151, Occupations Code, as |
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added by this Act, applies only to the operation of an inflatable |
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amusement structure on or after January 1, 2010. |
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SECTION 4. This Act takes effect September 1, 2009. |