| |
| |
| |
|
|
AN ACT
|
|
|
relating to insurance coverage requirements for certain amusement |
|
|
rides. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2151.101(a), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(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 Sections [Section] 2151.1011 |
|
|
and 2151.1012, 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. |
|
|
SECTION 2. Subchapter C, Chapter 2151, Occupations Code, is |
|
|
amended by adding Section 2151.1012 to read as follows: |
|
|
Sec. 2151.1012. LIABILITY INSURANCE FOR CERTAIN OTHER |
|
|
AMUSEMENT RIDES. (a) This section applies only to a Class B |
|
|
amusement ride that: |
|
|
(1) is mechanically inflated using a continuous |
|
|
airflow device; and |
|
|
(2) provides a surface for bouncing and jumping or |
|
|
creates an enclosed space for the purpose of amusement. |
|
|
(b) A person may not operate an amusement ride described by |
|
|
Subsection (a) unless the person has a combined single limit |
|
|
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 arising out |
|
|
of the use of the amusement ride in an amount of not less than $1 |
|
|
million per occurrence. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3570 was passed by the House on May 3, |
|
|
2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3570 was passed by the Senate on May |
|
|
17, 2011, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |