| 1 | 1 | | 84R10458 DDT-D |
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| 2 | 2 | | By: Burns H.B. No. 2490 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of certain amusement rides by the Texas |
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| 8 | 8 | | Department of Licensing and Regulation; requiring an occupational |
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| 9 | 9 | | license. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 2151.051, Occupations Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | Sec. 2151.051. GENERAL POWERS AND DUTIES. Except as |
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| 14 | 14 | | provided by Subchapter E, the [The] commissioner shall administer |
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| 15 | 15 | | and enforce this chapter. |
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| 16 | 16 | | SECTION 2. Chapter 2151, Occupations Code, is amended by |
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| 17 | 17 | | adding Subchapter E to read as follows: |
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| 18 | 18 | | SUBCHAPTER E. CERTAIN INFLATABLE AMUSEMENT RIDES |
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| 19 | 19 | | Sec. 2151.201. APPLICABILITY. (a) This subchapter applies |
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| 20 | 20 | | only to a Class B amusement ride that: |
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| 21 | 21 | | (1) is mechanically inflated using a continuous |
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| 22 | 22 | | airflow device; and |
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| 23 | 23 | | (2) provides a surface for bouncing and jumping or |
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| 24 | 24 | | creates an enclosed space for the purpose of amusement. |
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| 25 | 25 | | (b) The requirements for operation, liability insurance, |
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| 26 | 26 | | inspections, injury reports, and signage provided under Subchapter |
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| 27 | 27 | | C do not apply to a Class B amusement ride regulated under this |
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| 28 | 28 | | subchapter. |
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| 29 | 29 | | Sec. 2151.202. REGULATORY AUTHORITY; RULES. (a) |
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| 30 | 30 | | Notwithstanding any other provision of this chapter, an amusement |
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| 31 | 31 | | ride to which this subchapter applies is regulated by the Texas |
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| 32 | 32 | | Department of Licensing and Regulation. |
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| 33 | 33 | | (b) The Texas Commission of Licensing and Regulation shall |
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| 34 | 34 | | adopt rules necessary to implement and enforce this subchapter and |
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| 35 | 35 | | to protect the public safety. |
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| 36 | 36 | | Sec. 2151.203. LICENSE REQUIRED. A person may not operate |
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| 37 | 37 | | in this state an amusement ride to which this subchapter applies |
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| 38 | 38 | | unless the person holds a license issued under this subchapter by |
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| 39 | 39 | | the Texas Department of Licensing and Regulation. |
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| 40 | 40 | | SECTION 3. (a) Not later than December 1, 2015, the Texas |
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| 41 | 41 | | Commission of Licensing and Regulation shall adopt the rules |
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| 42 | 42 | | necessary to implement Subchapter E, Chapter 2151, Occupations |
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| 43 | 43 | | Code, as added by this Act. |
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| 44 | 44 | | (b) Notwithstanding Subchapter E, Chapter 2151, Occupations |
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| 45 | 45 | | Code, as added by this Act, a person is not required to hold a |
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| 46 | 46 | | license to operate an amusement ride governed by that subchapter |
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| 47 | 47 | | until January 1, 2016. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2015. |
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