Texas 2011 - 82nd Regular

Texas House Bill HB3570 Compare Versions

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1	1	By: Smithee (Senate Sponsor - Carona) H.B. No. 3570
2	2	(In the Senate - Received from the House May 4, 2011;
3	3	May 5, 2011, read first time and referred to Committee on Business
4	4	and Commerce; May 10, 2011, reported favorably by the following
5	5	vote: Yeas 9, Nays 0; May 10, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to insurance coverage requirements for certain amusement
11	11	rides.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 2151.101(a), Occupations Code, is
14	14	amended to read as follows:
15	15	(a) A person may not operate an amusement ride unless the
16	16	person:
17	17	(1) has had the amusement ride inspected at least once
18	18	a year by an insurer or a person with whom the insurer has
19	19	contracted;
20	20	(2) obtains a written certificate from the insurer or
21	21	person with whom the insurer has contracted stating that the
22	22	amusement ride:
23	23	(A) has been inspected;
24	24	(B) meets the standards for insurance coverage;
25	25	and
26	26	(C) is covered by the insurance required by
27	27	Subdivision (3);
28	28	(3) except as provided by Sections [Section] 2151.1011
29	29	and 2151.1012, has a combined single limit or split limit insurance
30	30	policy currently in effect written by an insurance company
31	31	authorized to do business in this state or by a surplus lines
32	32	insurer, as defined by Chapter 981, Insurance Code, or has an
33	33	independently procured policy subject to Chapter 101, Insurance
34	34	Code, insuring the owner or operator against liability for injury
35	35	to persons arising out of the use of the amusement ride in an amount
36	36	of not less than:
37	37	(A) for Class A amusement rides:
38	38	(i) $100,000 bodily injury and $50,000
39	39	property damage per occurrence with a $300,000 annual aggregate; or
40	40	(ii) a $150,000 per occurrence combined
41	41	single limit with a $300,000 annual aggregate; and
42	42	(B) for Class B amusement rides:
43	43	(i) $1,000,000 bodily injury and $500,000
44	44	property damage per occurrence; or
45	45	(ii) $1,500,000 per occurrence combined
46	46	single limit;
47	47	(4) files with the commissioner, as required by this
48	48	chapter, the inspection certificate and the insurance policy or a
49	49	photocopy of the certificate or policy authorized by the
50	50	commissioner; and
51	51	(5) files with each sponsor, lessor, landowner, or
52	52	other person responsible for the amusement ride being offered for
53	53	use by the public a photocopy of the inspection certificate and the
54	54	insurance policy required by this subsection.
55	55	SECTION 2. Subchapter C, Chapter 2151, Occupations Code, is
56	56	amended by adding Section 2151.1012 to read as follows:
57	57	Sec. 2151.1012. LIABILITY INSURANCE FOR CERTAIN OTHER
58	58	AMUSEMENT RIDES. (a) This section applies only to a Class B
59	59	amusement ride that:
60	60	(1) is mechanically inflated using a continuous
61	61	airflow device; and
62	62	(2) provides a surface for bouncing and jumping or
63	63	creates an enclosed space for the purpose of amusement.
64	64	(b) A person may not operate an amusement ride described by
65	65	Subsection (a) unless the person has a combined single limit
66	66	insurance policy currently in effect written by an insurance
67	67	company authorized to conduct business in this state or by a surplus
68	68	lines insurer, as defined by Chapter 981, Insurance Code, or has an
69	69	independently procured policy subject to Chapter 101, Insurance
70	70	Code, insuring the owner or operator against liability arising out
71	71	of the use of the amusement ride in an amount of not less than $1
72	72	million per occurrence.
73	73	SECTION 3. This Act takes effect September 1, 2011.
74	74	* * * * *