81R4683 PMO-D
By: Laubenberg H.B. No. 855
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain inflatable amusement
structures; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2151, Occupations Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. INFLATABLE AMUSEMENT STRUCTURES
Sec. 2151.201. DEFINITION. (a) In this subchapter,
"inflatable amusement structure" means a structure that:
(1) is fabricated from flexible material;
(2) is inflated by one or more blowers to establish the
air pressure necessary to maintain the shape of the structure;
(3) is designed to provide amusement, pleasure, or
excitement; and
(4) does not exceed:
(A) a floor area of 250 square feet; or
(B) a height of 12 feet measured from the floor,
excluding the blower area, to the top of the structure.
(b) An inflatable amusement structure is not considered an
amusement ride for purposes of this chapter.
Sec. 2151.202. INSURANCE REQUIREMENTS. A person may not
operate an inflatable amusement structure unless the person 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 person against liability for injury to a person
arising out of the use of the structure, in an amount not less than:
(1) $100,000 per occurrence combined single limit; and
(2) $300,000 aggregate.
Sec. 2151.203. ENFORCEMENT; CRIMINAL PENALTY. (a) On
request of a municipal, county, or state law enforcement official,
the operator of an inflatable amusement structure shall immediately
provide to the official a copy of the insurance policy required by
Section 2151.202.
(b) A municipal, county, or state law enforcement official
may immediately prohibit operation of an inflatable amusement
structure if the operator fails to comply with Subsection (a).
(c) A person commits an offense if the person continues to
operate an inflatable amusement structure after a law enforcement
official has prohibited the person under Subsection (b) from
operating the structure. An offense under this subsection is a
Class B misdemeanor.
SECTION 2. The heading to Chapter 2151, Occupations Code,
is amended to read as follows:
CHAPTER 2151. REGULATION OF AMUSEMENT RIDES AND AMUSEMENT
STRUCTURES
SECTION 3. Subchapter E, Chapter 2151, Occupations Code, as
added by this Act, applies only to the operation of an inflatable
amusement structure on or after January 1, 2010.
SECTION 4. This Act takes effect September 1, 2009.