Texas 2023 - 88th Regular

Texas House Bill HB1553 Compare Versions

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11 H.B. No. 1553
22
33
44 AN ACT
55 relating to the definition of amusement ride for purposes of
66 amusement ride regulation.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 2151.002(1), Occupations Code, is
99 amended to read as follows:
1010 (1) "Amusement ride" means a mechanical device that
1111 carries passengers along, around, or over a fixed or restricted
1212 course or within a defined area for the purpose of giving the
1313 passengers amusement, pleasure, or excitement. The term does not
1414 include:
1515 (A) a coin-operated ride that:
1616 (i) is manually, mechanically, or
1717 electrically operated;
1818 (ii) is customarily placed in a public
1919 location; and
2020 (iii) does not normally require the
2121 supervision or services of an operator;
2222 (B) nonmechanized playground equipment,
2323 including a swing, seesaw, stationary spring-mounted animal
2424 feature, rider-propelled merry-go-round, climber, playground
2525 slide, trampoline, and physical fitness device; [or]
2626 (C) a challenge course or any part of a challenge
2727 course that is excepted from this chapter under Section 2151.107;
2828 or
2929 (D) a waterslide, even if operated by a
3030 mechanical device, in which passengers are carried along a course
3131 that:
3232 (i) is less than 200 feet in length;
3333 (ii) is substantially constructed from
3434 vinyl or vinyl coated polyester; and
3535 (iii) is not mechanically inflated using a
3636 continuous airflow device [if the person who operates the challenge
3737 course has an insurance policy currently in effect written by an
3838 insurance company authorized to do business in this state or by a
3939 surplus lines insurer, as defined by Chapter 981, Insurance Code,
4040 or has an independently procured policy subject to Chapter 101,
4141 Insurance Code, insuring the operator against liability for injury
4242 to persons arising out of the use of the challenge course, in an
4343 amount not less than:
4444 [(i) for facilities with a fixed location:
4545 [(a) $100,000 bodily injury and
4646 $50,000 property damage per occurrence, with a $300,000 annual
4747 aggregate; or
4848 [(b) a $150,000 per occurrence
4949 combined single limit, with a $300,000 annual aggregate; and
5050 [(ii) for facilities other than those with
5151 a fixed location:
5252 [(a) $1,000,000 bodily injury and
5353 $500,000 property damage per occurrence; or
5454 [(b) $1,500,000 per occurrence
5555 combined single limit].
5656 SECTION 2. This Act takes effect September 1, 2023.
5757 ______________________________ ______________________________
5858 President of the Senate Speaker of the House
5959 I certify that H.B. No. 1553 was passed by the House on April
6060 14, 2023, by the following vote: Yeas 134, Nays 9, 2 present, not
6161 voting.
6262 ______________________________
6363 Chief Clerk of the House
6464 I certify that H.B. No. 1553 was passed by the Senate on May
6565 19, 2023, by the following vote: Yeas 31, Nays 0.
6666 ______________________________
6767 Secretary of the Senate
6868 APPROVED: _____________________
6969 Date
7070 _____________________
7171 Governor