88R3030 BEE-D
By: Turner H.B. No. 2254
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of trampoline courts as amusement rides.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2151.002, Occupations Code, is amended
by amending Subdivision (1) and adding Subdivisions (7) and (8) 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 or a trampoline
court. 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, a seesaw, a stationary spring-mounted animal
feature, a rider-propelled merry-go-round, a climber, a playground
slide, a trampoline that is not part of a trampoline court, or a
[and] physical fitness device; or
(C) a challenge course or any part of a challenge
course 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.
(7) "Trampoline court" means a commercial facility
with a defined area containing one or more trampolines or a series
of trampolines or a trampoline court foam pit or a series of
trampoline court foam pits. The term does not include a gymnastic
training facility that only uses trampolines or trampoline court
foam pits during the supervised instruction of gymnastic skills.
(8) "Trampoline court foam pit" means a trampoline
dismount area filled with loose, impact-absorbing foam blocks.
SECTION 2. The commissioner of insurance shall adopt rules
necessary to implement the changes in law made by this Act not later
than December 1, 2023.
SECTION 3. Notwithstanding the changes in law made by this
Act, a person operating a trampoline court that was in operation
before December 1, 2023, is not required to satisfy the
requirements for operation under Section 2151.101, Occupations
Code, before March 1, 2024.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect December 1, 2023.
(b) Sections 2 and 3 of this Act take effect September 1,
2023.