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A BILL TO BE ENTITLED
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AN ACT
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relating to insurance coverage and certification requirements for a |
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person conducting amusement ride inspections. |
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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 Sections 2151.1011 and |
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2151.1012, has a combined single limit or split limit insurance |
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policy currently in effect written by an insurance company |
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authorized to do business in this state or by a surplus lines |
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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 owner or operator against liability for injury |
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to persons arising out of the use of the amusement ride in an amount |
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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; 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: |
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(A) [,] the inspection certificate and the |
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insurance policy or a photocopy of the certificate or policy |
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authorized by the commissioner; and |
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(B) the insurance policy or a photocopy or other |
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proof of the policy provided by the inspector under Section |
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2151.102(a-1); 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 policies [policy] required by this subsection. |
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SECTION 2. Section 2151.102, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) A person conducting an inspection of an amusement ride |
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as required by Section 2151.101(a) must: |
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(1) maintain liability insurance in an amount not less |
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than the amount the operator of the ride is required to maintain |
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under this chapter and provide to the operator the insurance policy |
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or a photocopy or other proof of the policy; and |
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(2) hold at least a basic inspector certification |
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issued by the National Association of Amusement Ride Safety |
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Officials or another national certification organization approved |
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by the commissioner. |
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SECTION 3. This Act takes effect September 1, 2019. |