| 1 | 1 | | By: Burns H.B. No. 4010 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the regulation of certain amusement rides; providing a |
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| 7 | 7 | | civil penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2151.002, Occupations Code, is amended |
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| 10 | 10 | | by amending Subdivision (3) and adding Subdivision (3-a) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (3) "Class B amusement ride" means an amusement ride |
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| 13 | 13 | | that is not a Class A or Class C amusement ride. |
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| 14 | 14 | | (3-a) "Class C amusement ride" means an amusement ride |
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| 15 | 15 | | that is mechanically inflated using a continuous airflow device and |
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| 16 | 16 | | provides a surface for bouncing and jumping or creates an enclosed |
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| 17 | 17 | | space for the purpose of amusement. |
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| 18 | 18 | | SECTION 2. Section 2151.1012(a), Occupations Code, is |
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| 19 | 19 | | amended to read as follows: |
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| 20 | 20 | | (a) This section applies only to a Class C [B] amusement |
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| 21 | 21 | | ride [that: |
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| 22 | 22 | | (1) is mechanically inflated using a continuous |
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| 23 | 23 | | airflow device; and |
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| 24 | 24 | | (2) provides a surface for bouncing and jumping or |
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| 25 | 25 | | creates an enclosed space for the purpose of amusement]. |
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| 26 | 26 | | SECTION 3. Subchapter D, Chapter 2151, Occupations Code, |
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| 27 | 27 | | is |
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| 28 | 28 | | amended by adding Section 2151.1528 to read as follows: |
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| 29 | 29 | | Sec. 2151.1528. CIVIL PENALTY FOR VIOLATION OF CERTAIN |
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| 30 | 30 | | AMUSEMENT RIDE LAWS. (a) In addition to any other penalty provided |
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| 31 | 31 | | under this chapter, a person who violates this chapter in the |
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| 32 | 32 | | operation of a Class C amusement ride is liable to the state for a |
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| 33 | 33 | | civil penalty not to exceed $200 for each violation on each day the |
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| 34 | 34 | | person commits a violation. |
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| 35 | 35 | | (b) A penalty under this section may be enforced by a suit |
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| 36 | 36 | | brought by: |
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| 37 | 37 | | (1) a county or district attorney of the county in |
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| 38 | 38 | | which the violation occurred; |
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| 39 | 39 | | (2) a municipal attorney of the municipality in which |
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| 40 | 40 | | the violation occurred; or |
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| 41 | 41 | | (3) the attorney general, at the request of the |
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| 42 | 42 | | commissioner of insurance. |
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| 43 | 43 | | (c) If the attorney general brings the suit, the penalty |
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| 44 | 44 | | shall be deposited in the state treasury to the credit of the |
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| 45 | 45 | | general revenue fund. If a local prosecuting attorney brings the |
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| 46 | 46 | | suit, the penalty shall be deposited in the general fund of the |
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| 47 | 47 | | municipality or county in which the violation occurred. |
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| 48 | 48 | | (d) The attorney general, district and county attorney, |
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| 49 | 49 | | municipal attorney, and the department may recover reasonable |
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| 50 | 50 | | expenses incurred in obtaining a civil penalty under this section, |
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| 51 | 51 | | including court costs, reasonable attorney's fees, investigative |
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| 52 | 52 | | costs, witness fees, and deposition expenses. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2015. |
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