CHAPTER 2151. REGULATION OF AMUSEMENT RIDES
OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE D. OTHER AMUSEMENTS AND ENTERTAINMENT
CHAPTER 2151. REGULATION OF AMUSEMENT RIDES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2151.001. SHORT TITLE. This chapter may be cited as the
Amusement Ride Safety Inspection and Insurance Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2151.002. DEFINITIONS. In this chapter:
(1) "Amusement ride" means a mechanical device that carries
passengers along, around, or over a fixed or restricted course or
within a defined area for the purpose of giving the passengers
amusement, pleasure, or excitement. The term does not include:
(A) a coin-operated ride that:
(i) is manually, mechanically, or electrically operated;
(ii) is customarily placed in a public location; and
(iii) does not normally require the supervision or services of
an operator;
(B) nonmechanized playground equipment, including a swing,
seesaw, stationary spring-mounted animal feature, rider-propelled
merry-go-round, climber, playground slide, trampoline, and
physical fitness device; or
(C) a challenge course or any part of a challenge course if the
person who operates the challenge course has an insurance policy
currently in effect written by an insurance company authorized to
do business in this state or by a surplus lines insurer, as
defined by Chapter 981, Insurance Code, or has an independently
procured policy subject to Chapter 101, Insurance Code, insuring
the operator against liability for injury to persons arising out
of the use of the challenge course, in an amount not less than:
(i) for facilities with a fixed location:
(a) $100,000 bodily injury and $50,000 property damage per
occurrence, with a $300,000 annual aggregate; or
(b) a $150,000 per occurrence combined single limit, with a
$300,000 annual aggregate; and
(ii) for facilities other than those with a fixed location:
(a) $1,000,000 bodily injury and $500,000 property damage per
occurrence; or
(b) $1,500,000 per occurrence combined single limit.
(2) "Class A amusement ride" means an amusement ride with a
fixed location designed primarily for use by children younger
than 13 years of age.
(3) "Class B amusement ride" means an amusement ride that is not
a Class A amusement ride.
(4) "Commissioner" means the commissioner of insurance.
(5) "Department" means the Texas Department of Insurance.
(6) "Mobile amusement ride" means an amusement ride that is
designed or adapted to be moved from one location to another and
is not fixed at a single location.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.701(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
363, Sec. 2, eff. September 1, 2005.
SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES
Sec. 2151.051. GENERAL POWERS AND DUTIES. The commissioner
shall administer and enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.702(a), eff.
Sept. 1, 2001.
Sec. 2151.052. FEES. (a) The commissioner shall establish
reasonable and necessary fees, in an amount not to exceed $40 per
year, for each amusement ride covered by this chapter.
(b) An amusement ride that consists of two or more
self-propelled, four-wheeled vehicles designed to be operated
independently and to carry fewer than three persons, including
go-carts, is a single amusement ride.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.702(b), eff.
Sept. 1, 2001.
Sec. 2151.053. INFORMATION REQUEST. (a) The department may
request information from a sponsor, lessor, landowner, or other
person responsible for an amusement ride being offered for use by
the public concerning whether insurance required by this chapter
is in effect on that amusement ride.
(b) The person shall respond to the information request not
later than the 15th day after the date the request is made.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. OPERATION OF AMUSEMENT RIDES
Sec. 2151.101. REQUIREMENTS FOR OPERATION. (a) A person may
not operate an amusement ride unless the person:
(1) has had the amusement ride inspected at least once a year by
an insurer or a person with whom the insurer has contracted;
(2) obtains a written certificate from the insurer or person
with whom the insurer has contracted stating that the amusement
ride:
(A) has been inspected;
(B) meets the standards for insurance coverage; and
(C) is covered by the insurance required by Subdivision (3);
(3) except as provided by Section 2151.1011, has a combined
single limit or split limit insurance policy currently in effect
written by an insurance company authorized to do business in this
state or by a surplus lines insurer, as defined by Chapter 981,
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 amusement ride in an amount of not less than:
(A) for Class A amusement rides:
(i) $100,000 bodily injury and $50,000 property damage per
occurrence with a $300,000 annual aggregate; or
(ii) a $150,000 per occurrence combined single limit with a
$300,000 annual aggregate; and
(B) for Class B amusement rides:
(i) $1,000,000 bodily injury and $500,000 property damage per
occurrence; or
(ii) $1,500,000 per occurrence combined single limit;
(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; and
(5) files with each sponsor, lessor, landowner, or other person
responsible for the amusement ride being offered for use by the
public a photocopy of the inspection certificate and the
insurance policy required by this subsection.
(b) The inspection certificate and the insurance policy must be
filed with the department before July 1 of each year, except that
if an amusement ride is inspected more than once a year, the
inspection certificate must be filed 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(a), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.548, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
363, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1146, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
655, Sec. 1, eff. June 15, 2007.
Sec. 2151.1011. LIABILITY INSURANCE FOR CERTAIN AMUSEMENT RIDES.
(a) This section only applies to a Class B amusement ride that:
(1) consists of a motorized vehicle that tows one or more
separate passenger cars in a manner similar to a train, but
without regard to whether the vehicle and cars operate on a fixed
track or course;
(2) does not travel under its own power in excess of five miles
per hour;
(3) has safety belts for all passengers;
(4) does not run on an elevated track;
(5) has passenger seating areas enclosed by guardrails or doors;
and
(6) does not have passenger cars that rotate independently from
the motorized vehicle.
(b) A person may not operate an amusement ride described by
Subsection (a) unless the person has an insurance policy
currently in effect written by an insurance company authorized to
conduct business in this state or by a surplus lines insurer, as
defined by Chapter 981, 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 amusement ride in an amount of not
less than $1 million in aggregate for all liability claims
occurring in a policy year.
(c) A local government may satisfy the insurance requirement
prescribed by Subsection (b) by obtaining liability coverage
through an interlocal agreement.
Added by Acts 2007, 80th Leg., R.S., Ch.
655, Sec. 2, eff. June 15, 2007.
Sec. 2151.102. INSPECTION REQUIREMENTS. (a) The inspection
required by Section 2151.101(a) must test for stress-related and
wear-related damage of the critical parts of a ride that the
manufacturer of the amusement ride determines:
(1) are reasonably subject to failure as the result of stress
and wear; and
(2) could cause injury to a member of the public as a result of
a failure.
(b) If at any time the inspection reveals that an amusement ride
does not meet the insurer's underwriting standards, the insurer
shall notify the owner or operator.
(c) If repair or replacement of equipment is required, it is the
responsibility of the owner or operator to make the repair or
install the replacement equipment before the amusement ride is
offered for public use.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(b), eff.
Sept. 1, 2001.
Sec. 2151.1021. INSPECTION REQUIREMENTS FOR MOBILE AMUSEMENT
RIDES. (a) The 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.
(b) Rules adopted under this section may apply to specific rides
of specific manufacturers.
(c) The 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.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff.
Sept. 1, 2001.
Sec. 2151.1022. REQUIRED RECORDS OF GOVERNMENTAL ACTIONS. (a)
A person who operates an amusement ride in this state shall
maintain accurate records of any governmental action taken in any
state relating to that particular amusement ride, including an
inspection resulting in the repair or replacement of equipment
used in the operation of the amusement ride.
(b) The operator shall file with the commissioner quarterly a
report, on a form designed by the 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 commissioner.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff.
Sept. 1, 2001.
Sec. 2151.103. INJURY REPORTS. (a) In this section, "medical
treatment" includes treatment administered by a physician or by
registered professional personnel under the standing orders of a
physician. The term does not include first-aid treatment, the
onetime treatment and subsequent observation of minor scratches,
cuts, burns, splinters, and other minor injuries that do not
ordinarily require medical care, even if that treatment is
provided by a physician or registered professional personnel.
(b) A person operating an amusement ride shall maintain accurate
records of each injury caused by the ride that results in death
or requires medical treatment.
(c) The operator shall file an injury report with the
commissioner on a quarterly basis. The report shall be made on a
form prescribed by the commissioner and shall include a
description of each injury caused by a ride that results in death
or requires medical treatment.
(d) If no reportable injuries occur in a quarter, the operator
is not required to file an injury report.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(d), eff.
Sept. 1, 2001.
Sec. 2151.104. ACCESS TO RIDES. An owner or operator of an
amusement ride may deny entry to the ride to any person if, in
the owner's or operator's opinion, the entry may jeopardize the
safety of the person or of other amusement ride patrons.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2151.105. SIGNAGE REQUIREMENTS. (a) The 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.
(b) The rules must require the sign to be posted at the
principal entrance to the site at which an amusement ride is
located or at any location on that site at which tickets for an
amusement ride are available.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff.
Sept. 1, 2001.
Sec. 2151.106. MINIMUM STANDARDS. (a) An amusement ride
covered by this chapter that is sold, maintained, or operated in
this state must comply with standards established by the American
Society of Testing and Materials (ASTM) as of May 1, 1999. Those
standards are minimum standards.
(b) To the extent that the standards of the American Society of
Testing and Materials conflict with the requirements of this
chapter, the more stringent requirement or standard applies.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff.
Sept. 1, 2001.
Sec. 2151.107. EXCEPTION FOR CERTAIN CHALLENGE COURSES MEETING
INSURANCE REQUIREMENT. (a) In this section, "challenge course"
means a challenge, ropes, team building, or obstacle course,
which may include logs, tires, platforms, beams, bridges, poles,
ropes, ladders, nets, climbing walls, rock climbing walls,
climbing towers, traverses, rock climbing devices, cables,
swings, or zip lines, that is constructed and used for
educational, team and confidence building, or physical fitness
purposes.
(b) A challenge course or any part of a challenge course is not
considered an amusement ride subject to regulation under this
chapter if the person who operates the challenge course has a
combined single limit or split limit insurance policy currently
in effect written by an insurance company authorized to do
business in this state or by a surplus lines insurer, as defined
by Chapter 981, Insurance Code, or has an independently procured
policy subject to Chapter 101, Insurance Code, insuring the
operator against liability for injury to persons arising out of
the use of the challenge course in an amount of at least:
(1) for a challenge course with a fixed location:
(A) $100,000 bodily injury and $50,000 property damage per
occurrence with a $300,000 annual aggregate; or
(B) a $150,000 per occurrence combined single limit with a
$300,000 annual aggregate; and
(2) for a challenge course other than one with a fixed location:
(A) $1,000,000 bodily injury and $500,000 property damage per
occurrence; or
(B) $1,500,000 per occurrence combined single limit.
Added by Acts 2005, 79th Leg., Ch.
598, Sec. 1, eff. June 17, 2005.
Added by Acts 2005, 79th Leg., Ch.
1146, Sec. 1, eff. September 1, 2005.
SUBCHAPTER D. ENFORCEMENT PROVISIONS
Sec. 2151.151. INJUNCTION. The district attorney of a county in
which an amusement ride is operated or, on request of the
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 commissioner under Section
2151.1021 or 2151.105.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.704(a), eff.
Sept. 1, 2001.
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 commissioner and may institute
an action in a court of competent jurisdiction to enforce this
chapter.
(b) A municipal, county, or state law enforcement official may
enter and inspect without notice any amusement ride at any time
to ensure public safety.
(c) The operator of an amusement ride shall immediately provide
the inspection certificate and the insurance policy required by
Section 2151.101 to a municipal, county, or 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.
(d) Performance or nonperformance by a municipal, county, or
state law enforcement official of any action authorized by this
chapter is a discretionary act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff.
Sept. 1, 2001.
Sec. 2151.1525. PROHIBITION OF AMUSEMENT RIDE OPERATION. (a)
Except as provided by Subsection (e), a municipal, county, or
state law enforcement official may immediately prohibit operation
of an amusement ride if:
(1) the operator of the amusement ride is unable to provide the
documents or a photocopy of the documents required by Section
2151.152(c);
(2) the law enforcement official reasonably believes the
amusement ride is not in compliance with Section 2151.101; or
(3) the operation of the amusement ride, conduct of a person
operating the amusement ride, conduct of a person assembling the
amusement ride if it is a mobile amusement ride, or any other
circumstance causes the law enforcement official to reasonably
believe that the amusement ride is unsafe or the safety of a
passenger on the amusement ride is threatened.
(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 commissioner or the 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.
(c) If on the date an amusement ride's operation is prohibited
under Subsection (a)(3) the amusement ride is not in compliance
with Section 2151.101, a person may not operate the amusement
ride until after the person subsequently complies with Section
2151.101.
(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 commissioner or the 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.
(e) Subsection (a) does not apply to an amusement ride with a
fixed location and operated at an amusement park that was
attended by more than 200,000 customers in the year preceding the
inspection under Section 2151.152(b).
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff.
Sept. 1, 2001.
Sec. 2151.1526. PROHIBITION OF MOBILE AMUSEMENT RIDE OPERATION.
(a) Except as provided by Subsection (b) or (c), a mobile
amusement ride on which a death occurs may not be operated.
(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 commissioner or the 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.
(c) If a mobile amusement ride was not 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 the person subsequently complies with
Section 2151.101.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff.
Sept. 1, 2001.
Sec. 2151.1527. RELIEF FROM PROHIBITION ORDER. The owner or
operator of the amusement ride may file suit for relief from a
prohibition under Section 2151.1525 or 2151.1526 in a district
court in the county in which the amusement ride was located when
the prohibition against operation occurred.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff.
Sept. 1, 2001.
Sec. 2151.153. CRIMINAL PENALTIES. (a) A person commits an
offense if the person fails to comply with any requirement of:
(1) Section 2151.101, 2151.102, 2151.103, 2151.1525(b), (c), or
(d), or 2151.1526(a); or
(2) a rule adopted by the commissioner under Section 2151.1021
or 2151.105.
(b) A person commits an offense if the person:
(1) is a sponsor, lessor, landowner, or other person responsible
for an amusement ride being offered for use by the public; and
(2) does not provide the information required under Section
2151.053 or provides false information under Section 2151.053.
(c) An offense under this section is a Class B misdemeanor.
(d) Each day a violation of this chapter is committed
constitutes a separate offense.
(e) The prosecuting attorney in a case in which a person is
convicted of an offense under this section shall report the
offense to the department not later than the 90th day after the
date of the conviction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.706(a), eff.
Sept. 1, 2001.