1 | 1 | | H.B. No. 1553 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the definition of amusement ride for purposes of |
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6 | 6 | | amusement ride regulation. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 2151.002(1), Occupations Code, is |
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9 | 9 | | amended to read as follows: |
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10 | 10 | | (1) "Amusement ride" means a mechanical device that |
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11 | 11 | | carries passengers along, around, or over a fixed or restricted |
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12 | 12 | | course or within a defined area for the purpose of giving the |
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13 | 13 | | passengers amusement, pleasure, or excitement. The term does not |
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14 | 14 | | include: |
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15 | 15 | | (A) a coin-operated ride that: |
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16 | 16 | | (i) is manually, mechanically, or |
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17 | 17 | | electrically operated; |
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18 | 18 | | (ii) is customarily placed in a public |
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19 | 19 | | location; and |
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20 | 20 | | (iii) does not normally require the |
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21 | 21 | | supervision or services of an operator; |
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22 | 22 | | (B) nonmechanized playground equipment, |
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23 | 23 | | including a swing, seesaw, stationary spring-mounted animal |
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24 | 24 | | feature, rider-propelled merry-go-round, climber, playground |
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25 | 25 | | slide, trampoline, and physical fitness device; [or] |
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26 | 26 | | (C) a challenge course or any part of a challenge |
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27 | 27 | | course that is excepted from this chapter under Section 2151.107; |
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28 | 28 | | or |
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29 | 29 | | (D) a waterslide, even if operated by a |
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30 | 30 | | mechanical device, in which passengers are carried along a course |
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31 | 31 | | that: |
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32 | 32 | | (i) is less than 200 feet in length; |
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33 | 33 | | (ii) is substantially constructed from |
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34 | 34 | | vinyl or vinyl coated polyester; and |
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35 | 35 | | (iii) is not mechanically inflated using a |
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36 | 36 | | continuous airflow device [if the person who operates the challenge |
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37 | 37 | | course has an insurance policy currently in effect written by an |
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38 | 38 | | insurance company authorized to do business in this state or by a |
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39 | 39 | | surplus lines insurer, as defined by Chapter 981, Insurance Code, |
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40 | 40 | | or has an independently procured policy subject to Chapter 101, |
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41 | 41 | | Insurance Code, insuring the operator against liability for injury |
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42 | 42 | | to persons arising out of the use of the challenge course, in an |
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43 | 43 | | amount not less than: |
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44 | 44 | | [(i) for facilities with a fixed location: |
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45 | 45 | | [(a) $100,000 bodily injury and |
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46 | 46 | | $50,000 property damage per occurrence, with a $300,000 annual |
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47 | 47 | | aggregate; or |
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48 | 48 | | [(b) a $150,000 per occurrence |
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49 | 49 | | combined single limit, with a $300,000 annual aggregate; and |
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50 | 50 | | [(ii) for facilities other than those with |
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51 | 51 | | a fixed location: |
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52 | 52 | | [(a) $1,000,000 bodily injury and |
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53 | 53 | | $500,000 property damage per occurrence; or |
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54 | 54 | | [(b) $1,500,000 per occurrence |
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55 | 55 | | combined single limit]. |
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56 | 56 | | SECTION 2. This Act takes effect September 1, 2023. |
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57 | 57 | | ______________________________ ______________________________ |
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58 | 58 | | President of the Senate Speaker of the House |
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59 | 59 | | I certify that H.B. No. 1553 was passed by the House on April |
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60 | 60 | | 14, 2023, by the following vote: Yeas 134, Nays 9, 2 present, not |
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61 | 61 | | voting. |
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62 | 62 | | ______________________________ |
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63 | 63 | | Chief Clerk of the House |
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64 | 64 | | I certify that H.B. No. 1553 was passed by the Senate on May |
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65 | 65 | | 19, 2023, by the following vote: Yeas 31, Nays 0. |
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66 | 66 | | ______________________________ |
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67 | 67 | | Secretary of the Senate |
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68 | 68 | | APPROVED: _____________________ |
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69 | 69 | | Date |
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70 | 70 | | _____________________ |
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71 | 71 | | Governor |
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