Texas 2025 - 89th Regular

Texas House Bill HB3481 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8793 BEE-F
2	2	By: Turner H.B. No. 3481
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of trampoline courts; providing
10	10	injunctive relief.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle D, Title 13, Occupations Code, is
13	13	amended by adding Chapter 2152 to read as follows:
14	14	CHAPTER 2152. REGULATION OF TRAMPOLINE COURTS
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 2152.001. DEFINITIONS. In this chapter:
17	17	(1) "Commissioner" means the commissioner of
18	18	insurance.
19	19	(2) "Department" means the Texas Department of
20	20	Insurance.
21	21	(3) "Operator" means a person who supervises or
22	22	directly controls the operations of a trampoline court.
23	23	(4) "Owner" means a person who owns, leases, controls,
24	24	or manages the operations of a trampoline court.
25	25	(5) "Qualified inspector" means an individual who has
26	26	successfully completed qualified training from a third party, which
27	27	may include successful completion of a Level I certification issued
28	28	by the National Association of Amusement Ride Safety Officials or a
29	29	Level I certification issued by the Amusement Industry
30	30	Manufacturers and Suppliers International.
31	31	(6) "Trampoline court" means a commercial facility
32	32	with a defined area containing one or more trampolines, a series of
33	33	institutional trampolines, a trampoline court foam pit, or a series
34	34	of trampoline court foam pits. The term does not include a
35	35	gymnastic training facility that only uses trampolines or
36	36	trampoline court foam pits during the supervised instruction of
37	37	gymnastic skills.
38	38	(7) "Trampoline court foam pit" means a
39	39	combination-style dismount area filled with loose,
40	40	impact-absorbing foam blocks.
41	41	SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES
42	42	Sec. 2152.051. GENERAL POWERS AND DUTIES. The commissioner
43	43	shall administer and enforce this chapter.
44	44	Sec. 2152.052. INFORMATION REQUEST. (a) The department
45	45	may request from the owner or operator of a trampoline court open to
46	46	the public information concerning whether the trampoline court
47	47	insurance required by this chapter is in effect.
48	48	(b) The person shall respond to the information request not
49	49	later than the 30th day after the date the department submits the
50	50	request.
51	51	SUBCHAPTER C. OPERATION OF TRAMPOLINE COURTS
52	52	Sec. 2152.101. REQUIREMENTS FOR OPERATION. (a) A person
53	53	may not operate a trampoline court unless the person:
54	54	(1) has a qualified inspector inspect the trampoline
55	55	court at least once each year;
56	56	(2) obtains written certification from the insurer or
57	57	contracted person stating the trampoline court:
58	58	(A) has been inspected; and
59	59	(B) meets the standards for insurance coverage;
60	60	(3) has in effect a combined single limit or a split
61	61	limit insurance policy written by an insurance company authorized
62	62	to conduct business in this state or by an eligible surplus lines
63	63	insurer, as defined by Section 981.002, Insurance Code, or has an
64	64	independently procured policy subject to Chapter 101, Insurance
65	65	Code, insuring the owner or operator against liability for injury
66	66	to persons arising out of the use of the trampoline court in an
67	67	amount of not less than $1 million in aggregate for all liability
68	68	claims occurring in a policy year; and
69	69	(4) files with the commissioner, as required by this
70	70	chapter, the inspection certificate and the insurance policy or a
71	71	photocopy of the certificate or policy authorized by the
72	72	commissioner.
73	73	(b) The inspection certificate and the insurance policy
74	74	must be filed with the department:
75	75	(1) before July 1 of each year; or
76	76	(2) for a trampoline court inspected more than once a
77	77	year, not later than the 15th day after the date of each inspection.
78	78	(c) A local government may satisfy the insurance
79	79	requirement prescribed by Subsection (a) by obtaining liability
80	80	coverage through an interlocal agreement.
81	81	Sec. 2152.102. INSPECTION REQUIREMENTS; MINIMUM STANDARDS.
82	82	(a) The inspection required by this chapter must determine whether
83	83	a trampoline court is designed, constructed, installed,
84	84	maintained, operated, and repaired in accordance with the ASTM
85	85	International standards adopted by the ASTM International
86	86	Committee F24, as published in the Annual Book of ASTM Standards,
87	87	Volume 15.07.
88	88	(b) A trampoline court may not be operated in this state
89	89	unless nondestructive testing of the trampoline court has been
90	90	conducted, as applicable:
91	91	(1) in accordance with the recommendations of the
92	92	trampoline court's manufacturer; or
93	93	(2) in conformance with standards at least equivalent
94	94	to those of the standards adopted by the ASTM International
95	95	Committee F24, as published in the Annual Book of ASTM Standards,
96	96	Volume 15.07.
97	97	(c) If at any time an inspection demonstrates a trampoline
98	98	court fails to satisfy the minimum standards required under this
99	99	section, the inspector shall notify the owner or operator.
100	100	(d) If the inspector determines repair or replacement of
101	101	equipment is required, the owner or operator is responsible for the
102	102	repair or installation of the replacement equipment before the
103	103	trampoline court is open to the public.
104	104	Sec. 2152.103. INJURY REPORTS. (a) In this section,
105	105	"serious injury" means an injury that results in death,
106	106	dismemberment, significant disfigurement, or permanent loss of the
107	107	use of a body organ, member, function, or system.
108	108	(b) An owner or operator shall file with the department an
109	109	injury report for any accident resulting in serious injury from
110	110	operation of the trampoline court. The injury report form must be
111	111	faxed or delivered to the department not later than 48 hours after
112	112	the owner or operator becomes aware of the serious injury.
113	113	(c) The injury report shall be submitted on a form
114	114	prescribed by the commissioner and must include a description of
115	115	each serious injury caused by the trampoline court.
116	116	(d) The commissioner shall adopt rules requiring an owner or
117	117	operator to post a sign informing the public of the procedure for
118	118	reporting a serious injury occurring at the trampoline court.
119	119	Sec. 2152.104. SAFETY INSTRUCTIONS SIGN. A person may not
120	120	operate a trampoline court in this state unless the person posts a
121	121	sign containing all safety instructions for the trampoline court.
122	122	The sign must be posted conspicuously on or near the trampoline
123	123	court in a location where the sign can be easily read.
124	124	SUBCHAPTER D. PATRON RESPONSIBILITY
125	125	Sec. 2152.151. DEFINITION. In this subchapter, "inherent
126	126	risk" means a danger or condition that is an integral part of an
127	127	activity occurring at a trampoline court.
128	128	Sec. 2152.152. PATRONS OF TRAMPOLINE COURTS; ACCEPTANCE OF
129	129	RISK; DUTIES. (a) Each patron of a trampoline court by
130	130	participation accepts the inherent risks of that participation for
131	131	which an ordinary prudent person is or should be aware.
132	132	(b) Each patron of a trampoline court has a duty to:
133	133	(1) exercise the judgment and act in the manner of an
134	134	ordinary prudent person while participating in a trampoline court;
135	135	(2) obey all written and oral instructions and
136	136	warnings before and during participation in a trampoline court;
137	137	(3) refrain from participation in a trampoline court
138	138	while under the influence of alcohol or drugs;
139	139	(4) engage all provided safety devices; and
140	140	(5) refrain from disconnecting or disabling any safety
141	141	device except at the express direction of the owner's agent or
142	142	employee.
143	143	(c) The parent or guardian of a patron who is a minor shall
144	144	reasonably ensure the patron complies with all provisions of this
145	145	section.
146	146	Sec. 2152.153. CLAIMS FOR INHERENT RISK. Notwithstanding
147	147	any provision of this chapter, if a patron files a claim against an
148	148	operator for an injury resulting from an inherent risk, the
149	149	operator may raise as a defense the operator's compliance with
150	150	minimum standards under Section 2152.102 and the signage
151	151	requirement under Section 2152.104.
152	152	SUBCHAPTER E. ENFORCEMENT PROVISIONS
153	153	Sec. 2152.201. ENFORCEMENT ACTIONS. (a) The commissioner
154	154	or the attorney general in conjunction with the commissioner may
155	155	determine compliance with Subchapter C and may bring an action to
156	156	enforce this chapter.
157	157	(b) The operator of a trampoline court shall immediately
158	158	provide the inspection certificate and the insurance policy
159	159	required by Section 2152.101 to a state law enforcement official
160	160	requesting the information. A photocopy of the inspection
161	161	certificate or insurance policy may be provided instead of the
162	162	certificate or policy.
163	163	Sec. 2152.202. INJUNCTION. (a) The district attorney of a
164	164	county in which a trampoline court is operated, or on request of the
165	165	commissioner or the attorney general, may seek an injunction
166	166	against a person operating a trampoline court in violation of the
167	167	minimum standards established under Section 2152.102.
168	168	(b) If a trampoline court's operation is prohibited for
169	169	noncompliance with minimum standards under Section 2152.102, a
170	170	person may not operate the trampoline court until a qualified
171	171	inspector:
172	172	(1) reinspects the trampoline court as required by
173	173	Section 2152.102; and
174	174	(2) delivers to the commissioner or the commissioner's
175	175	designee and the appropriate law enforcement official a
176	176	reinspection certificate that:
177	177	(A) states the required reinspection occurred;
178	178	(B) states the trampoline court satisfies
179	179	coverage standards and is in compliance with the insurance
180	180	requirements under Section 2152.101; and
181	181	(C) explains any necessary repairs of the
182	182	trampoline court after the trampoline court's operation was
183	183	prohibited.
184	184	SECTION 2. The commissioner of insurance shall adopt rules
185	185	necessary to implement Chapter 2152, Occupations Code, as added by
186	186	this Act, not later than December 1, 2025.
187	187	SECTION 3. (a) Except as provided by Subsection (b) of this
188	188	section, this Act takes effect December 1, 2025.
189	189	(b) Section 2 of this Act takes effect September 1, 2025.