| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to the definition of amusement ride for purposes of |
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| 12 | 8 | | amusement ride regulation. |
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| 13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 10 | | SECTION 1. Section 2151.002(1), Occupations Code, is |
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| 15 | 11 | | amended to read as follows: |
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| 16 | 12 | | (1) "Amusement ride" means a mechanical device that |
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| 17 | 13 | | carries passengers along, around, or over a fixed or restricted |
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| 18 | 14 | | course or within a defined area for the purpose of giving the |
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| 19 | 15 | | passengers amusement, pleasure, or excitement. The term does not |
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| 20 | 16 | | include: |
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| 21 | 17 | | (A) a coin-operated ride that: |
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| 22 | 18 | | (i) is manually, mechanically, or |
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| 23 | 19 | | electrically operated; |
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| 24 | 20 | | (ii) is customarily placed in a public |
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| 25 | 21 | | location; and |
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| 26 | 22 | | (iii) does not normally require the |
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| 27 | 23 | | supervision or services of an operator; |
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| 28 | 24 | | (B) nonmechanized playground equipment, |
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| 29 | 25 | | including a swing, seesaw, stationary spring-mounted animal |
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| 30 | 26 | | feature, rider-propelled merry-go-round, climber, playground |
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| 31 | 27 | | slide, trampoline, and physical fitness device; [or] |
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| 32 | 28 | | (C) a challenge course or any part of a challenge |
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| 33 | 29 | | course that is excepted from this chapter under Section 2151.107; |
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| 34 | 30 | | or |
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| 35 | 31 | | (D) a waterslide, even if operated by a |
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| 36 | 32 | | mechanical device, in which passengers are carried along a course |
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| 37 | 33 | | that: |
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| 38 | 34 | | (i) is less than 200 feet in length; |
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| 39 | 35 | | (ii) is substantially constructed from |
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| 40 | 36 | | vinyl or vinyl coated polyester; and |
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| 41 | 37 | | (iii) is not mechanically inflated using a |
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| 42 | 38 | | continuous airflow device [if the person who operates the challenge |
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| 43 | 39 | | course has an insurance policy currently in effect written by an |
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| 44 | 40 | | insurance company authorized to do business in this state or by a |
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| 45 | 41 | | surplus lines insurer, as defined by Chapter 981, Insurance Code, |
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| 46 | 42 | | or has an independently procured policy subject to Chapter 101, |
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| 47 | 43 | | Insurance Code, insuring the operator against liability for injury |
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| 48 | 44 | | to persons arising out of the use of the challenge course, in an |
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| 49 | 45 | | amount not less than: |
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| 50 | 46 | | [(i) for facilities with a fixed location: |
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| 51 | 47 | | [(a) $100,000 bodily injury and |
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| 52 | 48 | | $50,000 property damage per occurrence, with a $300,000 annual |
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| 53 | 49 | | aggregate; or |
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| 54 | 50 | | [(b) a $150,000 per occurrence |
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| 55 | 51 | | combined single limit, with a $300,000 annual aggregate; and |
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| 56 | 52 | | [(ii) for facilities other than those with |
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| 57 | 53 | | a fixed location: |
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| 58 | 54 | | [(a) $1,000,000 bodily injury and |
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| 59 | 55 | | $500,000 property damage per occurrence; or |
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| 60 | 56 | | [(b) $1,500,000 per occurrence |
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| 61 | 57 | | combined single limit]. |
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| 62 | 58 | | SECTION 2. This Act takes effect September 1, 2021. |
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