Texas 2019 - 86th Regular

Texas Senate Bill SB1495 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9974 ADM-F
2	2	By: Paxton S.B. No. 1495
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of amusement rides by the Texas
8	8	Department of Licensing and Regulation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2151.002, Occupations Code, is amended
11	11	by amending Subdivisions (4) and (5) and adding Subdivision (5-a)
12	12	to read as follows:
13	13	(4) "Commission" ["Commissioner"] means the Texas
14	14	Commission of Licensing and Regulation [commissioner of
15	15	insurance].
16	16	(5) "Department" means the Texas Department of
17	17	Licensing and Regulation [Insurance].
18	18	(5-a) "Executive director" means the executive
19	19	director of the department.
20	20	SECTION 2. Section 2151.051, Occupations Code, is amended
21	21	to read as follows:
22	22	Sec. 2151.051. GENERAL POWERS AND DUTIES. The executive
23	23	director [commissioner] shall administer and enforce this chapter.
24	24	SECTION 3. Section 2151.052(a), Occupations Code, is
25	25	amended to read as follows:
26	26	(a) The commission [commissioner] shall establish
27	27	reasonable and necessary fees, in an amount not to exceed $40 per
28	28	year, for each amusement ride covered by this chapter.
29	29	SECTION 4. Section 2151.101(a), Occupations Code, is
30	30	amended to read as follows:
31	31	(a) A person may not operate an amusement ride unless the
32	32	person:
33	33	(1) has had the amusement ride inspected at least once
34	34	a year by an insurer or a person with whom the insurer has
35	35	contracted;
36	36	(2) obtains a written certificate from the insurer or
37	37	person with whom the insurer has contracted stating that the
38	38	amusement ride:
39	39	(A) has been inspected;
40	40	(B) meets the standards for insurance coverage;
41	41	and
42	42	(C) is covered by the insurance required by
43	43	Subdivision (3);
44	44	(3) except as provided by Sections 2151.1011 and
45	45	2151.1012, has a combined single limit or split limit insurance
46	46	policy currently in effect written by an insurance company
47	47	authorized to do business in this state or by a surplus lines
48	48	insurer, as defined by Chapter 981, Insurance Code, or has an
49	49	independently procured policy subject to Chapter 101, Insurance
50	50	Code, insuring the owner or operator against liability for injury
51	51	to persons arising out of the use of the amusement ride in an amount
52	52	of not less than:
53	53	(A) for Class A amusement rides:
54	54	(i) $100,000 bodily injury and $50,000
55	55	property damage per occurrence with a $300,000 annual aggregate; or
56	56	(ii) a $150,000 per occurrence combined
57	57	single limit with a $300,000 annual aggregate; and
58	58	(B) for Class B amusement rides:
59	59	(i) $1,000,000 bodily injury and $500,000
60	60	property damage per occurrence; or
61	61	(ii) $1,500,000 per occurrence combined
62	62	single limit;
63	63	(4) files with the department [commissioner], as
64	64	required by this chapter, the inspection certificate and the
65	65	insurance policy or a photocopy of the certificate or policy
66	66	authorized by the executive director [commissioner]; and
67	67	(5) files with each sponsor, lessor, landowner, or
68	68	other person responsible for the amusement ride being offered for
69	69	use by the public a photocopy of the inspection certificate and the
70	70	insurance policy required by this subsection.
71	71	SECTION 5. Sections 2151.1021(a) and (c), Occupations Code,
72	72	are amended to read as follows:
73	73	(a) The commission [commissioner] shall adopt rules
74	74	requiring operators of mobile amusement rides to perform
75	75	inspections of mobile amusement rides, including rules requiring
76	76	daily inspections of safety restraints.
77	77	(c) The executive director [commissioner] shall prescribe
78	78	forms for inspections required under this section and shall require
79	79	records of the inspections to be made available for inspection by
80	80	any municipality, county, or state law enforcement officials at any
81	81	location at which an amusement ride is operated.
82	82	SECTION 6. Sections 2151.1022(b) and (c), Occupations Code,
83	83	are amended to read as follows:
84	84	(b) The operator shall file with the department
85	85	[commissioner] quarterly a report, on a form designed by the
86	86	executive director [commissioner], describing each governmental
87	87	action taken in the quarter covered by the report for which the
88	88	operator is required by Subsection (a) to maintain records. A
89	89	report is not required in any quarter in which no reportable
90	90	governmental action was taken in any state in which the person
91	91	operated the amusement ride.
92	92	(c) A person who operates an amusement ride shall maintain
93	93	for not less than two years at any location where the ride is
94	94	operated, for inspection by a municipal, county, or state law
95	95	enforcement official, a photocopy of any quarterly report required
96	96	under this section or Section 2151.103 to be filed with the
97	97	department [commissioner].
98	98	SECTION 7. Section 2151.103(c), Occupations Code, is
99	99	amended to read as follows:
100	100	(c) The operator shall file an injury report with the
101	101	department [commissioner] on a quarterly basis. The report shall
102	102	be made on a form prescribed by the executive director
103	103	[commissioner] and shall include a description of each injury
104	104	caused by a ride that results in death or requires medical
105	105	treatment.
106	106	SECTION 8. Section 2151.105(a), Occupations Code, is
107	107	amended to read as follows:
108	108	(a) The commission [commissioner] shall adopt rules
109	109	requiring that a sign be posted to inform the public how to report
110	110	an amusement ride that appears to be unsafe or to report an
111	111	amusement ride operator who appears to be violating the law.
112	112	SECTION 9. Section 2151.151, Occupations Code, is amended
113	113	to read as follows:
114	114	Sec. 2151.151. INJUNCTION. The district attorney of a
115	115	county in which an amusement ride is operated or, on request of the
116	116	executive director [commissioner of insurance], the attorney
117	117	general or an agent of the attorney general, may seek an injunction
118	118	against a person operating an amusement ride in violation of this
119	119	chapter or in violation of a rule adopted by the commission
120	120	[commissioner] under Section 2151.1021 or 2151.105.
121	121	SECTION 10. Sections 2151.152(a), (b), and (c), Occupations
122	122	Code, are amended to read as follows:
123	123	(a) The executive director or a [A] municipal, county, or
124	124	state law enforcement official, in conjunction with the executive
125	125	director, may determine compliance with a provision of Subchapter
126	126	C, other than Section 2151.104, [in conjunction with the
127	127	commissioner] and may institute an action in a court of competent
128	128	jurisdiction to enforce this chapter.
129	129	(b) The executive director or a [A] municipal, county, or
130	130	state law enforcement official may enter and inspect without notice
131	131	any amusement ride at any time to ensure public safety.
132	132	(c) The operator of an amusement ride shall immediately
133	133	provide the inspection certificate and the insurance policy
134	134	required by Section 2151.101 to the executive director or a
135	135	municipal, county, or state law enforcement official requesting the
136	136	information. A photocopy of the inspection certificate or
137	137	insurance policy may be provided instead of the certificate or
138	138	policy.
139	139	SECTION 11. Sections 2151.1525(a), (b), and (d),
140	140	Occupations Code, are amended to read as follows:
141	141	(a) Except as provided by Subsection (e), the executive
142	142	director or a municipal, county, or state law enforcement official
143	143	may immediately prohibit operation of an amusement ride if:
144	144	(1) the operator of the amusement ride is unable to
145	145	provide the documents or a photocopy of the documents required by
146	146	Section 2151.152(c);
147	147	(2) the executive director or law enforcement official
148	148	reasonably believes the amusement ride is not in compliance with
149	149	Section 2151.101; or
150	150	(3) the operation of the amusement ride, conduct of a
151	151	person operating the amusement ride, conduct of a person assembling
152	152	the amusement ride if it is a mobile amusement ride, or any other
153	153	circumstance causes the executive director or law enforcement
154	154	official to reasonably believe that the amusement ride is unsafe or
155	155	the safety of a passenger on the amusement ride is threatened.
156	156	(b) If the operation of an amusement ride is prohibited
157	157	under Subsection (a)(1) or (2), a person may not operate the
158	158	amusement ride unless:
159	159	(1) the operator presents to the executive director or
160	160	the appropriate municipal, county, or state law enforcement
161	161	official proof of compliance with Section 2151.101; or
162	162	(2) the executive director [commissioner] or the
163	163	executive director's [commissioner's] designee determines that on
164	164	the date the amusement ride's operation was prohibited the operator
165	165	had on file with the department [board] the documents required by
166	166	Section 2151.101 and issues a written statement permitting the
167	167	amusement ride to resume operation.
168	168	(d) If on the date an amusement ride's operation is
169	169	prohibited under Subsection (a)(3) the amusement ride is in
170	170	compliance with Section 2151.101, a person may not operate the
171	171	amusement ride until:
172	172	(1) on-site corrections are made;
173	173	(2) an order from a district judge, county judge,
174	174	judge of a county court at law, justice of the peace, or municipal
175	175	judge permits the amusement ride to resume operation; or
176	176	(3) an insurance company insuring the amusement ride
177	177	on the date the amusement ride's operation was prohibited:
178	178	(A) reinspects the amusement ride in the same
179	179	manner required by Section 2151.101; and
180	180	(B) delivers to the executive director
181	181	[commissioner] or the executive director's [commissioner's]
182	182	designee and the appropriate law enforcement official a
183	183	reinspection certificate:
184	184	(i) stating that the required reinspection
185	185	has occurred;
186	186	(ii) stating that the amusement ride meets
187	187	coverage standards and is covered by insurance in compliance with
188	188	Section 2151.101; and
189	189	(iii) explaining the necessary repairs, if
190	190	any, that have been made to the amusement ride after its operation
191	191	was prohibited.
192	192	SECTION 12. Section 2151.1526(b), Occupations Code, is
193	193	amended to read as follows:
194	194	(b) If a mobile amusement ride was in compliance with
195	195	Section 2151.101 when its operation was initially prohibited under
196	196	Subsection (a), a person may resume operating the mobile amusement
197	197	ride only after an insurance company insuring the amusement ride on
198	198	the date its operation was prohibited:
199	199	(1) reinspects the amusement ride in the same manner
200	200	required under Section 2151.101; and
201	201	(2) delivers to the executive director [commissioner]
202	202	or the executive director's [commissioner's] designee a
203	203	reinspection certificate:
204	204	(A) stating that the required reinspection has
205	205	occurred;
206	206	(B) stating that the amusement ride meets
207	207	coverage standards and is covered by insurance in compliance with
208	208	Section 2151.101; and
209	209	(C) explaining the necessary repairs, if any,
210	210	that have been made to the amusement ride after its operation was
211	211	prohibited.
212	212	SECTION 13. Section 2151.153(a), Occupations Code, is
213	213	amended to read as follows:
214	214	(a) A person commits an offense if the person fails to
215	215	comply with any requirement of:
216	216	(1) Section 2151.101, 2151.102, 2151.103,
217	217	2151.1525(b), (c), or (d), or 2151.1526(a); or
218	218	(2) a rule adopted by the commission [commissioner]
219	219	under Section 2151.1021 or 2151.105.
220	220	SECTION 14. The Texas Department of Insurance and the Texas
221	221	Department of Licensing and Regulation may enter into a memorandum
222	222	of understanding that:
223	223	(1) identifies in detail the applicable powers and
224	224	duties that are transferred between the two agencies by this Act;
225	225	and
226	226	(2) establishes a plan for the identification and
227	227	transfer of the records, personnel, property, and unspent
228	228	appropriations of the Texas Department of Insurance that are
229	229	related to the regulation of amusement rides under Chapter 2151,
230	230	Occupations Code.
231	231	SECTION 15. (a) On January 1, 2020, the following are
232	232	transferred from the Texas Department of Insurance to the Texas
233	233	Department of Licensing and Regulation:
234	234	(1) the powers, duties, functions, programs, and
235	235	activities of the Texas Department of Insurance relating to the
236	236	licensing and regulation of amusement rides under Chapter 2151,
237	237	Occupations Code;
238	238	(2) any obligations and contracts of the Texas
239	239	Department of Insurance that are directly related to implementing a
240	240	power, duty, function, program, or activity transferred under this
241	241	Act; and
242	242	(3) all property and records in the custody of the
243	243	Texas Department of Insurance that are related to a power, duty,
244	244	function, program, or activity transferred under this Act and all
245	245	funds appropriated by the legislature for that power, duty,
246	246	function, program, or activity.
247	247	(b) The rules, policies, procedures, and decisions of the
248	248	commissioner of insurance under Chapter 2151, Occupations Code, are
249	249	continued in effect as rules, policies, procedures, and decisions
250	250	of the Texas Commission of Licensing and Regulation until
251	251	superseded by a rule or other appropriate action of the Texas
252	252	Commission of Licensing and Regulation.
253	253	SECTION 16. (a) Except as provided by Subsection (b) of
254	254	this section, this Act takes effect January 1, 2020.
255	255	(b) Section 14 of this Act takes effect September 1, 2019.