H.B. No. 1070

	AN ACT
	relating to the liability insurance requirements for certain
	amusement rides.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 2151.101, Occupations Code, is amended
	by amending Subsection (a) and adding Subsection (c) 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 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.
	(c)  A local government may satisfy the insurance
	requirement prescribed by Subsection (a) by obtaining liability
	coverage through an interlocal agreement.
	SECTION 2.  Subchapter C, Chapter 2151, Occupations Code, is
	amended by adding Section 2151.1011 to read as follows:
	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.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1070 was passed by the House on April
	12, 2007, by the following vote:  Yeas 130, Nays 9, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1070 on May 17, 2007, by the following vote:  Yeas 142, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1070 was passed by the Senate, with
	amendments, on May 15, 2007, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor