H.B. No. 2879
AN ACT
relating to requirements for certain amusement rides.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 2151, Occupations Code, is
amended by adding Section 2151.107 to read as follows:
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.
SECTION 2. 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) has a combined single limit or split limit [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 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 [for Class A
amusement rides]; 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 [for Class B amusement rides];
(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 3. This Act applies only to an insurance policy,
certificate, or contract delivered, issued for delivery, or renewed
on or after January 1, 2006. A policy, certificate, or contract
delivered, issued for delivery, or renewed before January 1, 2006,
is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2879 was passed by the House on May
10, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2879 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor