By: Ashby H.B. No. 1268
A BILL TO BE ENTITLED
AN ACT
relating to the definition of amusement ride for purposes of
amusement ride regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2151.002(1), Occupations Code, is
amended to read as follows:
(1) "Amusement ride" means a mechanical device that
carries passengers along, around, or over a fixed or restricted
course or within a defined area for the purpose of giving the
passengers amusement, pleasure, or excitement. The term does not
include:
(A) a coin-operated ride that:
(i) is manually, mechanically, or
electrically operated;
(ii) is customarily placed in a public
location; and
(iii) does not normally require the
supervision or services of an operator;
(B) nonmechanized playground equipment,
including a swing, seesaw, stationary spring-mounted animal
feature, rider-propelled merry-go-round, climber, playground
slide, trampoline, and physical fitness device; [or]
(C) a challenge course or any part of a challenge
course that is excepted from this chapter under Section 2151.107;
or
(D) a waterslide, even if operated by a
mechanical device, in which passengers are carried along a course
that is:
(i) less than 200 feet in length; and
(ii) substantially constructed from vinyl
or vinyl coated polyester and is not mechanically inflated using a
continuous airflow device [if the person who operates the challenge
course has an insurance policy currently in effect written by an
insurance company authorized to do business in this state or by a
surplus lines insurer, as defined by Chapter 981, Insurance Code,
or has an independently procured policy subject to Chapter 101,
Insurance Code, insuring the operator against liability for injury
to persons arising out of the use of the challenge course, in an
amount not less than:
[(i) for facilities with a fixed location:
[(a) $100,000 bodily injury and
$50,000 property damage per occurrence, with a $300,000 annual
aggregate; or
[(b) a $150,000 per occurrence
combined single limit, with a $300,000 annual aggregate; and
[(ii) for facilities other than those with
a fixed location:
[(a) $1,000,000 bodily injury and
$500,000 property damage per occurrence; or
[(b) $1,500,000 per occurrence
combined single limit].
SECTION 2. This Act takes effect September 1, 2021.