By: Carona S.B. No. 1666
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of amusement rides.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2151.002(4) and (5) Chapter 2151,
Occupations Code, are amended to read as follows:
Sec. 2151.002. DEFINITIONS. In this chapter:
(4) "Commissioner" means the commissioner of insurance.]
"Commission" means the Texas Commission of Licensing and
Regulation.
(5) "Department" means the Texas Department of Licensing
and Regulation [Insurance].
SECTION 2. Section 2151.051, Chapter 2151, Occupations
Code is amended to read as follows:
Sec. 2151.051. GENERAL POWERS AND DUTIES. The department
[commissioner] shall administer and enforce this chapter.
SECTION 3. Section 2151.052(a), Chapter 2151, Occupations
Code is amended to read as follows:
Sec. 2151.052. FEES.
(a) The commission [commissioner] shall establish
reasonable and necessary fees , in an amount not to exceed $40 per
year, for each amusement ride covered by this chapter.
SECTION 4. Section 2151.101(a)(4), Chapter 2151,
Occupations Code, is amended to read as follows:
Sec. 2151.101. REQUIREMENTS FOR OPERATION. (a) A person
may not operate an amusement ride unless the person:
(4) files with the department [commissioner], as
required by this chapter, the inspection certificate and the
insurance policy or a photocopy of the certificate or policy
authorized by the department [commissioner]; and
SECTION 5. Sections 2151.1021(a) and (c), Chapter 2151
Occupations Code, are amended to read as follows:
Sec. 2151.1021. INSPECTION REQUIREMENTS FOR MOBILE
AMUSEMENT RIDES.
(a) The commission [commissioner] shall adopt rules
requiring operators of mobile amusement rides to perform
inspections of mobile amusement rides, including rules requiring
daily inspections of safety restraints.
(c) The commission [commissioner] shall prescribe forms for
inspections required under this section and shall require records
of the inspections to be made available for inspection by any
municipality, county, or state law enforcement officials at any
location at which an amusement ride is operated.
SECTION 6. Sections 2151.1022(b) and (c), Chapter 2151,
Occupations Code, are amended to read as follows:
Section 2151.1022. REQUIRED RECORDS OF GOVERNMENTAL
ACTIONS. (b) The operator shall file with the department
[commissioner] quarterly a report, on a form designed by the
department [commissioner], describing each governmental action
taken in the quarter covered by the report for which the operator is
required by Subsection (a) to maintain records. A report is not
required in any quarter in which no reportable governmental action
was taken in any state in which the person operated the amusement
ride.
(c) A person who operates an amusement ride shall maintain
for not less than two years at any location where the ride is
operated, for inspection by a municipal, county, or state law
enforcement official, a photocopy of any quarterly report required
under this section or Section 2151.103 to be filed with the
department [commissioner].
SECTION 7. Section 2151.103(c), Chapter 2151, Occupations
Code, is amended as follows:
Sec. 2151.103. INJURY REPORTS.
(c) The operator shall file an injury report with the
department [commissioner] on a quarterly basis. The report shall
be made on a form prescribed by the department [commissioner] and
shall include a description of each injury caused by a ride that
results in death or requires medical treatment.
SECTION 8. Section 2151.105(a), Chapter 2151, Occupations
Code, is amended to read as follows:
(a) The department [commissioner] shall adopt rules
requiring that a sign be posted to inform the public how to report
an amusement ride that appears to be unsafe or to report an
amusement ride operator who appears to be violating the law.
SECTION 9. Section 2151.151, Chapter 2151, Occupations
Code, is amended to read as follows:
Sec. 2151.151. INJUNCTION. The district attorney of a
county in which an amusement ride is operated or, on request of the
department [commissioner of insurance], the attorney general or an
agent of the attorney general, may seek an injunction against a
person operating an amusement ride in violation of this chapter or
in violation of a rule adopted by the commission [commissioner]
under Section 2151.1021 or 2151.105.
SECTION 10. Section 2151.152(a), Chapter 2151, Occupations
Code, is amended to read as follows:
Sec. 2151.152. OTHER ENFORCEMENT ACTIONS.
(a) A municipal, county, or state law enforcement official
may determine compliance with a provision of Subchapter C, other
than Section 2151.104, in conjunction with the department
[commissioner] and may institute an action in a court of competent
jurisdiction to enforce this chapter.
SECTION 11. Sections 2151.1525(b) and (d), Chapter 2151,
Occupations Code, are amended to read as follows:
Sec. 2151.1525. PROHIBITION OF AMUSEMENT RIDE OPERATION.
(b) If the operation of an amusement ride is prohibited
under Subsection (a)(1) or (2), a person may not operate the
amusement ride unless:
(1) the operator presents to the appropriate
municipal, county, or state law enforcement official proof of
compliance with Section 2151.101; or
(2) the department [commissioner] or the department's
[commissioner's] designee determines that on the date the amusement
ride's operation was prohibited the operator had on file with the
board the documents required by Section 2151.101 and issues a
written statement permitting the amusement ride to resume
operation.
(d) If on the date an amusement ride's operation is
prohibited under Subsection (a)(3) the amusement ride is in
compliance with Section 2151.101, a person may not operate the
amusement ride until:
(1) on-site corrections are made;
(2) an order from a district judge, county judge,
judge of a county court at law, justice of the peace, or municipal
judge permits the amusement ride to resume operation; or
(3) an insurance company insuring the amusement ride
on the date the amusement ride's operation was prohibited:
(A) reinspects the amusement ride in the same
manner required by Section 2151.101; and
(B) delivers to the department [commissioner] or
the department's [commissioner's] designee and the appropriate law
enforcement official a reinspection certificate:
(i) stating that the required reinspection
has occurred;
(ii) stating that the amusement ride meets
coverage standards and is covered by insurance in compliance with
Section 2151.101; and
(iii) explaining the necessary repairs, if
any, that have been made to the amusement ride after its operation
was prohibited.
SECTION 12. Section 2151.1526(b), Chapter 2151,
Occupations Code, is amended to read as follows:
Sec. 2151.1526. PROHIBITION OF MOBILE AMUSEMENT RIDE
OPERATION.
(b) If a mobile amusement ride was in compliance with
Section 2151.101 when its operation was initially prohibited under
Subsection (a), a person may resume operating the mobile amusement
ride only after an insurance company insuring the amusement ride on
the date its operation was prohibited:
(1) reinspects the amusement ride in the same manner
required under Section 2151.101; and
(2) delivers to the department [commissioner] or the
department's [commissioner's] designee a reinspection certificate:
(A) stating that the required reinspection has
occurred;
(B) stating that the amusement ride meets
coverage standards and is covered by insurance in compliance with
Section 2151.101; and
(C) explaining the necessary repairs, if any,
that have been made to the amusement ride after its operation was
prohibited.
SECTION 13. Section 2151.153, Occupations Code, is
repealed.
SECTION 14. 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, 2013.