Texas 2023 - 88th Regular

Texas House Bill HB2252 Compare Versions

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1	1	88R7477 PRL-D
2	2	By: Turner H.B. No. 2252
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of trampoline courts; authorizing fees;
8	8	creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 13, Occupations Code, is
11	11	amended by adding Chapter 2152 to read as follows:
12	12	CHAPTER 2152. REGULATION OF TRAMPOLINE COURTS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 2152.001. DEFINITIONS. In this chapter:
15	15	(1) "Commissioner" means the commissioner of
16	16	insurance.
17	17	(2) "Department" means the Texas Department of
18	18	Insurance.
19	19	(3) "Trampoline court" means a commercial facility
20	20	with a defined area containing one or more trampolines, a series of
21	21	trampolines, a trampoline court foam pit, or a series of trampoline
22	22	court foam pits. The term does not include a gymnastic training
23	23	facility that only uses trampolines or trampoline court foam pits
24	24	during the supervised instruction of gymnastic skills.
25	25	(4) "Trampoline court foam pit" means a trampoline
26	26	dismount area filled with loose, impact-absorbing foam blocks.
27	27	SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES
28	28	Sec. 2152.051. GENERAL POWERS AND DUTIES. The commissioner
29	29	shall administer and enforce this chapter.
30	30	Sec. 2152.052. FEES. The commissioner may assess fees in
31	31	the amounts reasonable and necessary to cover the costs of
32	32	administering this chapter, not to exceed $40 per year, for each
33	33	trampoline court subject to this chapter.
34	34	Sec. 2152.053. INFORMATION REQUEST. (a) The department
35	35	may request from a person operating a trampoline court or a sponsor,
36	36	lessor, landowner, or other person responsible for offering the use
37	37	of a trampoline court to the public information concerning whether
38	38	the trampoline court is subject to the insurance requirements of
39	39	this chapter.
40	40	(b) The person shall respond to the information request not
41	41	later than the 15th day after the date the department makes the
42	42	request.
43	43	SUBCHAPTER C. OPERATION OF TRAMPOLINE COURTS
44	44	Sec. 2152.101. REQUIREMENTS FOR OPERATION. (a) A person
45	45	may not operate a trampoline court unless the person:
46	46	(1) has the trampoline court inspected at least once a
47	47	year by an insurer or a person with whom the insurer contracts;
48	48	(2) obtains written certification from the insurer or
49	49	contracted person stating that the trampoline court:
50	50	(A) has been inspected;
51	51	(B) meets the standards for insurance coverage;
52	52	and
53	53	(C) is covered by the insurance required by
54	54	Subdivision (3);
55	55	(3) has an insurance policy currently in effect
56	56	written by an insurance company authorized to conduct business in
57	57	this state or by a surplus lines insurer, as defined by Chapter 981,
58	58	Insurance Code, or has an independently procured policy subject to
59	59	Chapter 101, Insurance Code, insuring the owner or operator against
60	60	liability for injury to persons arising out of the use of the
61	61	trampoline court in an amount not less than a $500,000 per
62	62	occurrence combined single limit with $1 million in aggregate for
63	63	all liability claims occurring in a policy year;
64	64	(4) files with the commissioner, as required by this
65	65	chapter, the inspection certificate and the insurance policy or a
66	66	photocopy of the certificate or policy authorized by the
67	67	commissioner; and
68	68	(5) files with each sponsor, lessor, landowner, or
69	69	other person responsible for offering the use of the trampoline
70	70	court to the public a photocopy of the inspection certificate and
71	71	the insurance policy required by this subsection.
72	72	(b) The inspection certificate and the insurance policy
73	73	must be filed with the department:
74	74	(1) before July 1 of each year; or
75	75	(2) for a trampoline court inspected more than once a
76	76	year, not later than the 15th day after the date of each inspection.
77	77	(c) A local government may satisfy the insurance
78	78	requirement prescribed by Subsection (a) by obtaining liability
79	79	coverage through an interlocal agreement.
80	80	(d) A person operating a trampoline court shall satisfy the
81	81	reporting requirements of Section 2151.103 as applied to the
82	82	trampoline court.
83	83	SUBCHAPTER D. ENFORCEMENT PROVISIONS
84	84	Sec. 2152.151. PROHIBITION OF TRAMPOLINE COURT OPERATION.
85	85	(a) A municipal, county, or state law enforcement official may
86	86	immediately prohibit operation of a trampoline court if:
87	87	(1) the operator of the trampoline court is unable to
88	88	provide the inspection certificate and the insurance policy
89	89	required by Section 2152.101 or a photocopy of the inspection
90	90	certificate or insurance policy;
91	91	(2) the law enforcement official reasonably believes
92	92	the trampoline court is not in compliance with Section 2152.101; or
93	93	(3) the operation of the trampoline court, conduct of
94	94	a person operating the trampoline court, or any other circumstance
95	95	causes the law enforcement official to reasonably believe that the
96	96	trampoline court is unsafe or the safety of a person on the
97	97	trampoline court is threatened.
98	98	(b) If the operation of a trampoline court is prohibited
99	99	under Subsection (a)(1) or (2), a person may not operate the
100	100	trampoline court unless:
101	101	(1) the operator presents to the appropriate
102	102	municipal, county, or state law enforcement official proof of
103	103	compliance with Section 2152.101; or
104	104	(2) the commissioner or the commissioner's designee
105	105	determines that on the date the trampoline court's operation was
106	106	prohibited the operator had on file with the department the
107	107	documents required by Section 2152.101 and issues a written
108	108	statement permitting the trampoline court to resume operation.
109	109	(c) If on the date a trampoline court's operation is
110	110	prohibited under Subsection (a)(3) the trampoline court is not in
111	111	compliance with Section 2152.101, a person may not operate the
112	112	trampoline court until after the person subsequently complies with
113	113	Section 2152.101.
114	114	(d) If on the date a trampoline court's operation is
115	115	prohibited under Subsection (a)(3) the trampoline court is in
116	116	compliance with Section 2152.101, a person may not operate the
117	117	trampoline court until:
118	118	(1) on-site safety corrections are made;
119	119	(2) an order from a district judge, county judge,
120	120	judge of a county court at law, justice of the peace, or municipal
121	121	judge permits the trampoline court to resume operation; or
122	122	(3) an insurance company insuring the trampoline court
123	123	on the date the trampoline court's operation was prohibited:
124	124	(A) reinspects the trampoline court in the same
125	125	manner required by Section 2152.101; and
126	126	(B) delivers to the commissioner or the
127	127	commissioner's designee and the appropriate law enforcement
128	128	official a reinspection certificate:
129	129	(i) stating that the required reinspection
130	130	has occurred;
131	131	(ii) stating that the trampoline court
132	132	meets coverage standards and is covered by insurance in compliance
133	133	with Section 2152.101; and
134	134	(iii) explaining any necessary repairs made
135	135	to the trampoline court after its operation was prohibited.
136	136	Sec. 2152.152. CRIMINAL OFFENSES. (a) A person commits an
137	137	offense if the person fails to comply with any requirement of:
138	138	(1) Section 2151.103, 2152.101, or 2152.151(b), (c),
139	139	or (d); or
140	140	(2) a rule adopted by the commissioner.
141	141	(b) A person commits an offense if the person:
142	142	(1) is a sponsor, lessor, landowner, or other person
143	143	responsible for offering the use of a trampoline court to the
144	144	public; and
145	145	(2) does not provide the information required under
146	146	Section 2152.053 or provides false information under Section
147	147	2152.053.
148	148	(c) An offense under this section is a Class B misdemeanor.
149	149	(d) Each day a violation of this chapter is committed
150	150	constitutes a separate offense.
151	151	(e) The prosecuting attorney in a case in which a person is
152	152	convicted of an offense under this section shall report the offense
153	153	to the department not later than the 90th day after the date of the
154	154	conviction.
155	155	SECTION 2. The commissioner of insurance shall adopt rules
156	156	necessary to implement Chapter 2152, Occupations Code, as added by
157	157	this Act, not later than December 1, 2023.
158	158	SECTION 3. (a) Except as provided by Subsection (b) of this
159	159	section, this Act takes effect December 1, 2023.
160	160	(b) Section 2 of this Act takes effect September 1, 2023.