By: Carona S.B. No. 1666

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of amusement rides.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 2151.002(4) and (5) Chapter 2151, Occupations Code, are amended to read as follows:

Sec. 2151.002. DEFINITIONS. In this chapter:

(4) "Commissioner" means the commissioner of insurance.] "Commission" means the Texas Commission of Licensing and Regulation.

(5) "Department" means the Texas Department of Licensing and Regulation [Insurance].

SECTION 2. Section 2151.051, Chapter 2151, Occupations Code is amended to read as follows:

Sec. 2151.051. GENERAL POWERS AND DUTIES. The department [commissioner] shall administer and enforce this chapter.

SECTION 3. Section 2151.052(a), Chapter 2151, Occupations Code is amended to read as follows:

Sec. 2151.052. FEES.

(a) The commission [commissioner] shall establish reasonable and necessary fees , in an amount not to exceed $40 per year, for each amusement ride covered by this chapter.

SECTION 4. Section 2151.101(a)(4), Chapter 2151, Occupations Code, is amended to read as follows:

Sec. 2151.101. REQUIREMENTS FOR OPERATION. (a) A person may not operate an amusement ride unless the person:

(4) files with the department [commissioner], as required by this chapter, the inspection certificate and the insurance policy or a photocopy of the certificate or policy authorized by the department [commissioner]; and

SECTION 5. Sections 2151.1021(a) and (c), Chapter 2151 Occupations Code, are amended to read as follows:

Sec. 2151.1021. INSPECTION REQUIREMENTS FOR MOBILE AMUSEMENT RIDES.

(a) The commission [commissioner] shall adopt rules requiring operators of mobile amusement rides to perform inspections of mobile amusement rides, including rules requiring daily inspections of safety restraints.

(c) The commission [commissioner] shall prescribe forms for inspections required under this section and shall require records of the inspections to be made available for inspection by any municipality, county, or state law enforcement officials at any location at which an amusement ride is operated.

SECTION 6. Sections 2151.1022(b) and (c), Chapter 2151, Occupations Code, are amended to read as follows:

Section 2151.1022. REQUIRED RECORDS OF GOVERNMENTAL ACTIONS. (b) The operator shall file with the department [commissioner] quarterly a report, on a form designed by the department [commissioner], describing each governmental action taken in the quarter covered by the report for which the operator is required by Subsection (a) to maintain records. A report is not required in any quarter in which no reportable governmental action was taken in any state in which the person operated the amusement ride.

(c) A person who operates an amusement ride shall maintain for not less than two years at any location where the ride is operated, for inspection by a municipal, county, or state law enforcement official, a photocopy of any quarterly report required under this section or Section 2151.103 to be filed with the department [commissioner].

SECTION 7. Section 2151.103(c), Chapter 2151, Occupations Code, is amended as follows:

Sec. 2151.103. INJURY REPORTS.

(c) The operator shall file an injury report with the department [commissioner] on a quarterly basis. The report shall be made on a form prescribed by the department [commissioner] and shall include a description of each injury caused by a ride that results in death or requires medical treatment.

SECTION 8. Section 2151.105(a), Chapter 2151, Occupations Code, is amended to read as follows:

(a) The department [commissioner] shall adopt rules requiring that a sign be posted to inform the public how to report an amusement ride that appears to be unsafe or to report an amusement ride operator who appears to be violating the law.

SECTION 9. Section 2151.151, Chapter 2151, Occupations Code, is amended to read as follows:

Sec. 2151.151. INJUNCTION. The district attorney of a county in which an amusement ride is operated or, on request of the department [commissioner of insurance], the attorney general or an agent of the attorney general, may seek an injunction against a person operating an amusement ride in violation of this chapter or in violation of a rule adopted by the commission [commissioner] under Section 2151.1021 or 2151.105.

SECTION 10. Section 2151.152(a), Chapter 2151, Occupations Code, is amended to read as follows:

Sec. 2151.152. OTHER ENFORCEMENT ACTIONS.

(a) A municipal, county, or state law enforcement official may determine compliance with a provision of Subchapter C, other than Section 2151.104, in conjunction with the department [commissioner] and may institute an action in a court of competent jurisdiction to enforce this chapter.

SECTION 11. Sections 2151.1525(b) and (d), Chapter 2151, Occupations Code, are amended to read as follows:

Sec. 2151.1525. PROHIBITION OF AMUSEMENT RIDE OPERATION.

(b) If the operation of an amusement ride is prohibited under Subsection (a)(1) or (2), a person may not operate the amusement ride unless:

(1) the operator presents to the appropriate municipal, county, or state law enforcement official proof of compliance with Section 2151.101; or

(2) the department [commissioner] or the department's [commissioner's] designee determines that on the date the amusement ride's operation was prohibited the operator had on file with the board the documents required by Section 2151.101 and issues a written statement permitting the amusement ride to resume operation.

(d) If on the date an amusement ride's operation is prohibited under Subsection (a)(3) the amusement ride is in compliance with Section 2151.101, a person may not operate the amusement ride until:

(1) on-site corrections are made;

(2) an order from a district judge, county judge, judge of a county court at law, justice of the peace, or municipal judge permits the amusement ride to resume operation; or

(3) an insurance company insuring the amusement ride on the date the amusement ride's operation was prohibited:

(A) reinspects the amusement ride in the same manner required by Section 2151.101; and

(B) delivers to the department [commissioner] or the department's [commissioner's] designee and the appropriate law enforcement official a reinspection certificate:

(i) stating that the required reinspection has occurred;

(ii) stating that the amusement ride meets coverage standards and is covered by insurance in compliance with Section 2151.101; and

(iii) explaining the necessary repairs, if any, that have been made to the amusement ride after its operation was prohibited.

SECTION 12. Section 2151.1526(b), Chapter 2151, Occupations Code, is amended to read as follows:

Sec. 2151.1526. PROHIBITION OF MOBILE AMUSEMENT RIDE OPERATION.

(b) If a mobile amusement ride was in compliance with Section 2151.101 when its operation was initially prohibited under Subsection (a), a person may resume operating the mobile amusement ride only after an insurance company insuring the amusement ride on the date its operation was prohibited:

(1) reinspects the amusement ride in the same manner required under Section 2151.101; and

(2) delivers to the department [commissioner] or the department's [commissioner's] designee a reinspection certificate:

(A) stating that the required reinspection has occurred;

(B) stating that the amusement ride meets coverage standards and is covered by insurance in compliance with Section 2151.101; and

(C) explaining the necessary repairs, if any, that have been made to the amusement ride after its operation was prohibited.

SECTION 13. Section 2151.153, Occupations Code, is repealed.

SECTION 14. 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, 2013.