89R8793 BEE-F

By: Turner H.B. No. 3481

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of trampoline courts; providing injunctive relief.

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

SECTION 1. Subtitle D, Title 13, Occupations Code, is amended by adding Chapter 2152 to read as follows:

CHAPTER 2152. REGULATION OF TRAMPOLINE COURTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2152.001. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of insurance.

(2) "Department" means the Texas Department of Insurance.

(3) "Operator" means a person who supervises or directly controls the operations of a trampoline court.

(4) "Owner" means a person who owns, leases, controls, or manages the operations of a trampoline court.

(5) "Qualified inspector" means an individual who has successfully completed qualified training from a third party, which may include successful completion of a Level I certification issued by the National Association of Amusement Ride Safety Officials or a Level I certification issued by the Amusement Industry Manufacturers and Suppliers International.

(6) "Trampoline court" means a commercial facility with a defined area containing one or more trampolines, a series of institutional trampolines, a trampoline court foam pit, or a series of trampoline court foam pits. The term does not include a gymnastic training facility that only uses trampolines or trampoline court foam pits during the supervised instruction of gymnastic skills.

(7) "Trampoline court foam pit" means a combination-style dismount area filled with loose, impact-absorbing foam blocks.

SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES

Sec. 2152.051. GENERAL POWERS AND DUTIES. The commissioner shall administer and enforce this chapter.

Sec. 2152.052. INFORMATION REQUEST. (a) The department may request from the owner or operator of a trampoline court open to the public information concerning whether the trampoline court insurance required by this chapter is in effect.

(b) The person shall respond to the information request not later than the 30th day after the date the department submits the request.

SUBCHAPTER C. OPERATION OF TRAMPOLINE COURTS

Sec. 2152.101. REQUIREMENTS FOR OPERATION. (a) A person may not operate a trampoline court unless the person:

(1) has a qualified inspector inspect the trampoline court at least once each year;

(2) obtains written certification from the insurer or contracted person stating the trampoline court:

(A) has been inspected; and

(B) meets the standards for insurance coverage;

(3) has in effect a combined single limit or a split limit insurance policy written by an insurance company authorized to conduct business in this state or by an eligible surplus lines insurer, as defined by Section 981.002, 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 trampoline court in an amount of not less than $1 million in aggregate for all liability claims occurring in a policy year; and

(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.

(b) The inspection certificate and the insurance policy must be filed with the department:

(1) before July 1 of each year; or

(2) for a trampoline court inspected more than once a year, not later than the 15th day after the date of each inspection.

(c) A local government may satisfy the insurance requirement prescribed by Subsection (a) by obtaining liability coverage through an interlocal agreement.

Sec. 2152.102. INSPECTION REQUIREMENTS; MINIMUM STANDARDS. (a) The inspection required by this chapter must determine whether a trampoline court is designed, constructed, installed, maintained, operated, and repaired in accordance with the ASTM International standards adopted by the ASTM International Committee F24, as published in the Annual Book of ASTM Standards, Volume 15.07.

(b) A trampoline court may not be operated in this state unless nondestructive testing of the trampoline court has been conducted, as applicable:

(1) in accordance with the recommendations of the trampoline court's manufacturer; or

(2) in conformance with standards at least equivalent to those of the standards adopted by the ASTM International Committee F24, as published in the Annual Book of ASTM Standards, Volume 15.07.

(c) If at any time an inspection demonstrates a trampoline court fails to satisfy the minimum standards required under this section, the inspector shall notify the owner or operator.

(d) If the inspector determines repair or replacement of equipment is required, the owner or operator is responsible for the repair or installation of the replacement equipment before the trampoline court is open to the public.

Sec. 2152.103. INJURY REPORTS. (a) In this section, "serious injury" means an injury that results in death, dismemberment, significant disfigurement, or permanent loss of the use of a body organ, member, function, or system.

(b) An owner or operator shall file with the department an injury report for any accident resulting in serious injury from operation of the trampoline court. The injury report form must be faxed or delivered to the department not later than 48 hours after the owner or operator becomes aware of the serious injury.

(c) The injury report shall be submitted on a form prescribed by the commissioner and must include a description of each serious injury caused by the trampoline court.

(d) The commissioner shall adopt rules requiring an owner or operator to post a sign informing the public of the procedure for reporting a serious injury occurring at the trampoline court.

Sec. 2152.104. SAFETY INSTRUCTIONS SIGN. A person may not operate a trampoline court in this state unless the person posts a sign containing all safety instructions for the trampoline court. The sign must be posted conspicuously on or near the trampoline court in a location where the sign can be easily read.

SUBCHAPTER D. PATRON RESPONSIBILITY

Sec. 2152.151. DEFINITION. In this subchapter, "inherent risk" means a danger or condition that is an integral part of an activity occurring at a trampoline court.

Sec. 2152.152. PATRONS OF TRAMPOLINE COURTS; ACCEPTANCE OF RISK; DUTIES. (a) Each patron of a trampoline court by participation accepts the inherent risks of that participation for which an ordinary prudent person is or should be aware.

(b) Each patron of a trampoline court has a duty to:

(1) exercise the judgment and act in the manner of an ordinary prudent person while participating in a trampoline court;

(2) obey all written and oral instructions and warnings before and during participation in a trampoline court;

(3) refrain from participation in a trampoline court while under the influence of alcohol or drugs;

(4) engage all provided safety devices; and

(5) refrain from disconnecting or disabling any safety device except at the express direction of the owner's agent or employee.

(c) The parent or guardian of a patron who is a minor shall reasonably ensure the patron complies with all provisions of this section.

Sec. 2152.153. CLAIMS FOR INHERENT RISK. Notwithstanding any provision of this chapter, if a patron files a claim against an operator for an injury resulting from an inherent risk, the operator may raise as a defense the operator's compliance with minimum standards under Section 2152.102 and the signage requirement under Section 2152.104.

SUBCHAPTER E. ENFORCEMENT PROVISIONS

Sec. 2152.201. ENFORCEMENT ACTIONS. (a) The commissioner or the attorney general in conjunction with the commissioner may determine compliance with Subchapter C and may bring an action to enforce this chapter.

(b) The operator of a trampoline court shall immediately provide the inspection certificate and the insurance policy required by Section 2152.101 to a state law enforcement official requesting the information. A photocopy of the inspection certificate or insurance policy may be provided instead of the certificate or policy.

Sec. 2152.202. INJUNCTION. (a) The district attorney of a county in which a trampoline court is operated, or on request of the commissioner or the attorney general, may seek an injunction against a person operating a trampoline court in violation of the minimum standards established under Section 2152.102.

(b) If a trampoline court's operation is prohibited for noncompliance with minimum standards under Section 2152.102, a person may not operate the trampoline court until a qualified inspector:

(1) reinspects the trampoline court as required by Section 2152.102; and

(2) delivers to the commissioner or the commissioner's designee and the appropriate law enforcement official a reinspection certificate that:

(A) states the required reinspection occurred;

(B) states the trampoline court satisfies coverage standards and is in compliance with the insurance requirements under Section 2152.101; and

(C) explains any necessary repairs of the trampoline court after the trampoline court's operation was prohibited.

SECTION 2. The commissioner of insurance shall adopt rules necessary to implement Chapter 2152, Occupations Code, as added by this Act, not later than December 1, 2025.

SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect December 1, 2025.

(b) Section 2 of this Act takes effect September 1, 2025.