By: Smithee (Senate Sponsor - Carona) H.B. No. 3570
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on Business
and Commerce; May 10, 2011, reported favorably by the following
vote: Yeas 9, Nays 0; May 10, 2011, sent to printer.)
A BILL TO BE ENTITLED
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.
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