89R8793 BEE-F
By: Turner H.B. No. 3481
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of trampoline courts; providing
injunctive relief.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 13, Occupations Code, is
amended by adding Chapter 2152 to read as follows:
CHAPTER 2152. REGULATION OF TRAMPOLINE COURTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2152.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of
insurance.
(2) "Department" means the Texas Department of
Insurance.
(3) "Operator" means a person who supervises or
directly controls the operations of a trampoline court.
(4) "Owner" means a person who owns, leases, controls,
or manages the operations of a trampoline court.
(5) "Qualified inspector" means an individual who has
successfully completed qualified training from a third party, which
may include successful completion of a Level I certification issued
by the National Association of Amusement Ride Safety Officials or a
Level I certification issued by the Amusement Industry
Manufacturers and Suppliers International.
(6) "Trampoline court" means a commercial facility
with a defined area containing one or more trampolines, a series of
institutional trampolines, 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.
(7) "Trampoline court foam pit" means a
combination-style dismount area filled with loose,
impact-absorbing foam blocks.
SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES
Sec. 2152.051. GENERAL POWERS AND DUTIES. The commissioner
shall administer and enforce this chapter.
Sec. 2152.052. INFORMATION REQUEST. (a) The department
may request from the owner or operator of a trampoline court open to
the public information concerning whether the trampoline court
insurance required by this chapter is in effect.
(b) The person shall respond to the information request not
later than the 30th day after the date the department submits the
request.
SUBCHAPTER C. OPERATION OF TRAMPOLINE COURTS
Sec. 2152.101. REQUIREMENTS FOR OPERATION. (a) A person
may not operate a trampoline court unless the person:
(1) has a qualified inspector inspect the trampoline
court at least once each year;
(2) obtains written certification from the insurer or
contracted person stating the trampoline court:
(A) has been inspected; and
(B) meets the standards for insurance coverage;
(3) has in effect a combined single limit or a split
limit insurance policy written by an insurance company authorized
to conduct business in this state or by an eligible surplus lines
insurer, as defined by Section 981.002, Insurance Code, or has an
independently procured policy subject to Chapter 101, Insurance
Code, insuring the owner or operator against liability for injury
to persons arising out of the use of the trampoline court in an
amount of not less than $1 million in aggregate for all liability
claims occurring in a policy year; and
(4) files with the commissioner, as required by this
chapter, the inspection certificate and the insurance policy or a
photocopy of the certificate or policy authorized by the
commissioner.
(b) The inspection certificate and the insurance policy
must be filed with the department:
(1) before July 1 of each year; or
(2) for a trampoline court inspected more than once a
year, not later than the 15th day after the date of each inspection.
(c) A local government may satisfy the insurance
requirement prescribed by Subsection (a) by obtaining liability
coverage through an interlocal agreement.
Sec. 2152.102. INSPECTION REQUIREMENTS; MINIMUM STANDARDS.
(a) The inspection required by this chapter must determine whether
a trampoline court is designed, constructed, installed,
maintained, operated, and repaired in accordance with the ASTM
International standards adopted by the ASTM International
Committee F24, as published in the Annual Book of ASTM Standards,
Volume 15.07.
(b) A trampoline court may not be operated in this state
unless nondestructive testing of the trampoline court has been
conducted, as applicable:
(1) in accordance with the recommendations of the
trampoline court's manufacturer; or
(2) in conformance with standards at least equivalent
to those of the standards adopted by the ASTM International
Committee F24, as published in the Annual Book of ASTM Standards,
Volume 15.07.
(c) If at any time an inspection demonstrates a trampoline
court fails to satisfy the minimum standards required under this
section, the inspector shall notify the owner or operator.
(d) If the inspector determines repair or replacement of
equipment is required, the owner or operator is responsible for the
repair or installation of the replacement equipment before the
trampoline court is open to the public.
Sec. 2152.103. INJURY REPORTS. (a) In this section,
"serious injury" means an injury that results in death,
dismemberment, significant disfigurement, or permanent loss of the
use of a body organ, member, function, or system.
(b) An owner or operator shall file with the department an
injury report for any accident resulting in serious injury from
operation of the trampoline court. The injury report form must be
faxed or delivered to the department not later than 48 hours after
the owner or operator becomes aware of the serious injury.
(c) The injury report shall be submitted on a form
prescribed by the commissioner and must include a description of
each serious injury caused by the trampoline court.
(d) The commissioner shall adopt rules requiring an owner or
operator to post a sign informing the public of the procedure for
reporting a serious injury occurring at the trampoline court.
Sec. 2152.104. SAFETY INSTRUCTIONS SIGN. A person may not
operate a trampoline court in this state unless the person posts a
sign containing all safety instructions for the trampoline court.
The sign must be posted conspicuously on or near the trampoline
court in a location where the sign can be easily read.
SUBCHAPTER D. PATRON RESPONSIBILITY
Sec. 2152.151. DEFINITION. In this subchapter, "inherent
risk" means a danger or condition that is an integral part of an
activity occurring at a trampoline court.
Sec. 2152.152. PATRONS OF TRAMPOLINE COURTS; ACCEPTANCE OF
RISK; DUTIES. (a) Each patron of a trampoline court by
participation accepts the inherent risks of that participation for
which an ordinary prudent person is or should be aware.
(b) Each patron of a trampoline court has a duty to:
(1) exercise the judgment and act in the manner of an
ordinary prudent person while participating in a trampoline court;
(2) obey all written and oral instructions and
warnings before and during participation in a trampoline court;
(3) refrain from participation in a trampoline court
while under the influence of alcohol or drugs;
(4) engage all provided safety devices; and
(5) refrain from disconnecting or disabling any safety
device except at the express direction of the owner's agent or
employee.
(c) The parent or guardian of a patron who is a minor shall
reasonably ensure the patron complies with all provisions of this
section.
Sec. 2152.153. CLAIMS FOR INHERENT RISK. Notwithstanding
any provision of this chapter, if a patron files a claim against an
operator for an injury resulting from an inherent risk, the
operator may raise as a defense the operator's compliance with
minimum standards under Section 2152.102 and the signage
requirement under Section 2152.104.
SUBCHAPTER E. ENFORCEMENT PROVISIONS
Sec. 2152.201. ENFORCEMENT ACTIONS. (a) The commissioner
or the attorney general in conjunction with the commissioner may
determine compliance with Subchapter C and may bring an action to
enforce this chapter.
(b) The operator of a trampoline court shall immediately
provide the inspection certificate and the insurance policy
required by Section 2152.101 to a state law enforcement official
requesting the information. A photocopy of the inspection
certificate or insurance policy may be provided instead of the
certificate or policy.
Sec. 2152.202. INJUNCTION. (a) The district attorney of a
county in which a trampoline court is operated, or on request of the
commissioner or the attorney general, may seek an injunction
against a person operating a trampoline court in violation of the
minimum standards established under Section 2152.102.
(b) If a trampoline court's operation is prohibited for
noncompliance with minimum standards under Section 2152.102, a
person may not operate the trampoline court until a qualified
inspector:
(1) reinspects the trampoline court as required by
Section 2152.102; and
(2) delivers to the commissioner or the commissioner's
designee and the appropriate law enforcement official a
reinspection certificate that:
(A) states the required reinspection occurred;
(B) states the trampoline court satisfies
coverage standards and is in compliance with the insurance
requirements under Section 2152.101; and
(C) explains any necessary repairs of the
trampoline court after the trampoline court's operation was
prohibited.
SECTION 2. The commissioner of insurance shall adopt rules
necessary to implement Chapter 2152, Occupations Code, as added by
this Act, not later than December 1, 2025.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect December 1, 2025.
(b) Section 2 of this Act takes effect September 1, 2025.