CHAPTER 2151. REGULATION OF AMUSEMENT RIDES

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-13-sports-amusements-and-entertainment > Chapter-2151-regulation-of-amusement-rides

OCCUPATIONS CODE

TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT

SUBTITLE D. OTHER AMUSEMENTS AND ENTERTAINMENT

CHAPTER 2151. REGULATION OF AMUSEMENT RIDES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2151.001. SHORT TITLE. This chapter may be cited as the

Amusement Ride Safety Inspection and Insurance Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2151.002. DEFINITIONS. In this chapter:

(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. 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,

seesaw, stationary spring-mounted animal feature, rider-propelled

merry-go-round, climber, playground slide, trampoline, and

physical fitness device; or

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.

(2) "Class A amusement ride" means an amusement ride with a

fixed location designed primarily for use by children younger

than 13 years of age.

(3) "Class B amusement ride" means an amusement ride that is not

a Class A amusement ride.

(4) "Commissioner" means the commissioner of insurance.

(5) "Department" means the Texas Department of Insurance.

(6) "Mobile amusement ride" means an amusement ride that is

designed or adapted to be moved from one location to another and

is not fixed at a single location.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.701(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

363, Sec. 2, eff. September 1, 2005.

SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES

Sec. 2151.051. GENERAL POWERS AND DUTIES. The commissioner

shall administer and enforce this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.702(a), eff.

Sept. 1, 2001.

Sec. 2151.052. FEES. (a) The commissioner shall establish

reasonable and necessary fees, in an amount not to exceed $40 per

year, for each amusement ride covered by this chapter.

(b) An amusement ride that consists of two or more

self-propelled, four-wheeled vehicles designed to be operated

independently and to carry fewer than three persons, including

go-carts, is a single amusement ride.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.702(b), eff.

Sept. 1, 2001.

Sec. 2151.053. INFORMATION REQUEST. (a) The department may

request information from a sponsor, lessor, landowner, or other

person responsible for an amusement ride being offered for use by

the public concerning whether insurance required by this chapter

is in effect on that amusement ride.

(b) The person shall respond to the information request not

later than the 15th day after the date the request is made.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. OPERATION OF AMUSEMENT RIDES

Sec. 2151.101. REQUIREMENTS FOR OPERATION. (a) A person may

not operate an amusement ride unless the person:

(1) has had the amusement ride inspected at least once a year by

an insurer or a person with whom the insurer has contracted;

(2) obtains a written certificate from the insurer or person

with whom the insurer has contracted stating that the amusement

ride:

(A) has been inspected;

(B) meets the standards for insurance coverage; and

(3) except as provided by Section 2151.1011, has a combined

single limit or split limit 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 owner or operator

against liability for injury to persons arising out of the use of

the amusement ride in an amount of not less than:

(A) for Class A amusement rides:

(i) $100,000 bodily injury and $50,000 property damage per

occurrence with a $300,000 annual aggregate; or

(ii) a $150,000 per occurrence combined single limit with a

$300,000 annual aggregate; and

(B) for Class B amusement rides:

(i) $1,000,000 bodily injury and $500,000 property damage per

occurrence; or

(ii) $1,500,000 per occurrence combined single limit;

(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; and

(5) files with each sponsor, lessor, landowner, or other person

responsible for the amusement ride being offered for use by the

public a photocopy of the inspection certificate and the

insurance policy required by this subsection.

(b) The inspection certificate and the insurance policy must be

filed with the department before July 1 of each year, except that

if an amusement ride is inspected more than once a year, the

inspection certificate must be filed not later than the 15th day

after the date of each inspection.

prescribed by Subsection (a) by obtaining liability coverage

through an interlocal agreement.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(a), eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.548, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

363, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1146, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

655, Sec. 1, eff. June 15, 2007.

Sec. 2151.1011. LIABILITY INSURANCE FOR CERTAIN AMUSEMENT RIDES.

(a) This section only applies to a Class B amusement ride that:

(1) consists of a motorized vehicle that tows one or more

separate passenger cars in a manner similar to a train, but

without regard to whether the vehicle and cars operate on a fixed

track or course;

(2) does not travel under its own power in excess of five miles

per hour;

(3) has safety belts for all passengers;

(4) does not run on an elevated track;

(5) has passenger seating areas enclosed by guardrails or doors;

and

(6) does not have passenger cars that rotate independently from

the motorized vehicle.

(b) A person may not operate an amusement ride described by

Subsection (a) unless the person has an insurance policy

currently in effect written by an insurance company authorized to

conduct 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 owner or operator against liability for injury to persons

arising out of the use of the amusement ride in an amount of not

less than $1 million in aggregate for all liability claims

occurring in a policy year.

prescribed by Subsection (b) by obtaining liability coverage

through an interlocal agreement.

Added by Acts 2007, 80th Leg., R.S., Ch.

655, Sec. 2, eff. June 15, 2007.

Sec. 2151.102. INSPECTION REQUIREMENTS. (a) The inspection

required by Section 2151.101(a) must test for stress-related and

wear-related damage of the critical parts of a ride that the

manufacturer of the amusement ride determines:

(1) are reasonably subject to failure as the result of stress

and wear; and

(2) could cause injury to a member of the public as a result of

a failure.

(b) If at any time the inspection reveals that an amusement ride

does not meet the insurer's underwriting standards, the insurer

shall notify the owner or operator.

responsibility of the owner or operator to make the repair or

install the replacement equipment before the amusement ride is

offered for public use.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(b), eff.

Sept. 1, 2001.

Sec. 2151.1021. INSPECTION REQUIREMENTS FOR MOBILE AMUSEMENT

RIDES. (a) The commissioner shall adopt rules requiring

operators of mobile amusement rides to perform inspections of

mobile amusement rides, including rules requiring daily

inspections of safety restraints.

(b) Rules adopted under this section may apply to specific rides

of specific manufacturers.

required under this section and shall require records of the

inspections to be made available for inspection by any

municipality, county, or state law enforcement officials at any

location at which an amusement ride is operated.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff.

Sept. 1, 2001.

Sec. 2151.1022. REQUIRED RECORDS OF GOVERNMENTAL ACTIONS. (a)

A person who operates an amusement ride in this state shall

maintain accurate records of any governmental action taken in any

state relating to that particular amusement ride, including an

inspection resulting in the repair or replacement of equipment

used in the operation of the amusement ride.

(b) The operator shall file with the commissioner quarterly a

report, on a form designed by the commissioner, describing each

governmental action taken in the quarter covered by the report

for which the operator is required by Subsection (a) to maintain

records. A report is not required in any quarter in which no

reportable governmental action was taken in any state in which

the person operated the amusement ride.

not less than two years at any location where the ride is

operated, for inspection by a municipal, county, or state law

enforcement official, a photocopy of any quarterly report

required under this section or Section 2151.103 to be filed with

the commissioner.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff.

Sept. 1, 2001.

Sec. 2151.103. INJURY REPORTS. (a) In this section, "medical

treatment" includes treatment administered by a physician or by

registered professional personnel under the standing orders of a

physician. The term does not include first-aid treatment, the

onetime treatment and subsequent observation of minor scratches,

cuts, burns, splinters, and other minor injuries that do not

ordinarily require medical care, even if that treatment is

provided by a physician or registered professional personnel.

(b) A person operating an amusement ride shall maintain accurate

records of each injury caused by the ride that results in death

or requires medical treatment.

commissioner on a quarterly basis. The report shall be made on a

form prescribed by the commissioner and shall include a

description of each injury caused by a ride that results in death

or requires medical treatment.

(d) If no reportable injuries occur in a quarter, the operator

is not required to file an injury report.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(d), eff.

Sept. 1, 2001.

Sec. 2151.104. ACCESS TO RIDES. An owner or operator of an

amusement ride may deny entry to the ride to any person if, in

the owner's or operator's opinion, the entry may jeopardize the

safety of the person or of other amusement ride patrons.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2151.105. SIGNAGE REQUIREMENTS. (a) The commissioner

shall adopt rules requiring that a sign be posted to inform the

public how to report an amusement ride that appears to be unsafe

or to report an amusement ride operator who appears to be

violating the law.

(b) The rules must require the sign to be posted at the

principal entrance to the site at which an amusement ride is

located or at any location on that site at which tickets for an

amusement ride are available.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff.

Sept. 1, 2001.

Sec. 2151.106. MINIMUM STANDARDS. (a) An amusement ride

covered by this chapter that is sold, maintained, or operated in

this state must comply with standards established by the American

Society of Testing and Materials (ASTM) as of May 1, 1999. Those

standards are minimum standards.

(b) To the extent that the standards of the American Society of

Testing and Materials conflict with the requirements of this

chapter, the more stringent requirement or standard applies.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff.

Sept. 1, 2001.

Sec. 2151.107. EXCEPTION FOR CERTAIN CHALLENGE COURSES MEETING

INSURANCE REQUIREMENT. (a) In this section, "challenge course"

means a challenge, ropes, team building, or obstacle course,

which may include logs, tires, platforms, beams, bridges, poles,

ropes, ladders, nets, climbing walls, rock climbing walls,

climbing towers, traverses, rock climbing devices, cables,

swings, or zip lines, that is constructed and used for

educational, team and confidence building, or physical fitness

purposes.

(b) A challenge course or any part of a challenge course is not

considered an amusement ride subject to regulation under this

chapter if the person who operates the challenge course has a

combined single limit or split limit 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 of at least:

(1) for a challenge course 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

(2) for a challenge course other than one 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.

Added by Acts 2005, 79th Leg., Ch.

598, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

1146, Sec. 1, eff. September 1, 2005.

SUBCHAPTER D. ENFORCEMENT PROVISIONS

Sec. 2151.151. INJUNCTION. The district attorney of a county in

which an amusement ride is operated or, on request of the

commissioner of insurance, the attorney general or an agent of

the attorney general, may seek an injunction against a person

operating an amusement ride in violation of this chapter or in

violation of a rule adopted by the commissioner under Section

2151.1021 or 2151.105.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.704(a), eff.

Sept. 1, 2001.

Sec. 2151.152. OTHER ENFORCEMENT ACTIONS. (a) A municipal,

county, or state law enforcement official may determine

compliance with a provision of Subchapter C, other than Section

2151.104, in conjunction with the commissioner and may institute

an action in a court of competent jurisdiction to enforce this

chapter.

(b) A municipal, county, or state law enforcement official may

enter and inspect without notice any amusement ride at any time

to ensure public safety.

the inspection certificate and the insurance policy required by

Section 2151.101 to a municipal, county, or 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.

(d) Performance or nonperformance by a municipal, county, or

state law enforcement official of any action authorized by this

chapter is a discretionary act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff.

Sept. 1, 2001.

Sec. 2151.1525. PROHIBITION OF AMUSEMENT RIDE OPERATION. (a)

Except as provided by Subsection (e), a municipal, county, or

state law enforcement official may immediately prohibit operation

of an amusement ride if:

(1) the operator of the amusement ride is unable to provide the

documents or a photocopy of the documents required by Section

2151.152(c);

(2) the law enforcement official reasonably believes the

amusement ride is not in compliance with Section 2151.101; or

(3) the operation of the amusement ride, conduct of a person

operating the amusement ride, conduct of a person assembling the

amusement ride if it is a mobile amusement ride, or any other

circumstance causes the law enforcement official to reasonably

believe that the amusement ride is unsafe or the safety of a

passenger on the amusement ride is threatened.

(b) If the operation of an amusement ride is prohibited under

Subsection (a)(1) or (2), a person may not operate the amusement

ride unless:

(1) the operator presents to the appropriate municipal, county,

or state law enforcement official proof of compliance with

Section 2151.101; or

(2) the commissioner or the commissioner's designee determines

that on the date the amusement ride's operation was prohibited

the operator had on file with the board the documents required by

Section 2151.101 and issues a written statement permitting the

amusement ride to resume operation.

under Subsection (a)(3) the amusement ride is not in compliance

with Section 2151.101, a person may not operate the amusement

ride until after the person subsequently complies with Section

2151.101.

(d) If on the date an amusement ride's operation is prohibited

under Subsection (a)(3) the amusement ride is in compliance with

Section 2151.101, a person may not operate the amusement ride

until:

(1) on-site corrections are made;

(2) an order from a district judge, county judge, judge of a

county court at law, justice of the peace, or municipal judge

permits the amusement ride to resume operation; or

(3) an insurance company insuring the amusement ride on the date

the amusement ride's operation was prohibited:

(A) reinspects the amusement ride in the same manner required by

Section 2151.101; and

(B) delivers to the commissioner or the commissioner's designee

and the appropriate law enforcement official a reinspection

certificate:

(i) stating that the required reinspection has occurred;

(ii) stating that the amusement ride meets coverage standards

and is covered by insurance in compliance with Section 2151.101;

and

(iii) explaining the necessary repairs, if any, that have been

made to the amusement ride after its operation was prohibited.

(e) Subsection (a) does not apply to an amusement ride with a

fixed location and operated at an amusement park that was

attended by more than 200,000 customers in the year preceding the

inspection under Section 2151.152(b).

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff.

Sept. 1, 2001.

Sec. 2151.1526. PROHIBITION OF MOBILE AMUSEMENT RIDE OPERATION.

(a) Except as provided by Subsection (b) or (c), a mobile

amusement ride on which a death occurs may not be operated.

(b) If a mobile amusement ride was in compliance with Section

2151.101 when its operation was initially prohibited under

Subsection (a), a person may resume operating the mobile

amusement ride only after an insurance company insuring the

amusement ride on the date its operation was prohibited:

(1) reinspects the amusement ride in the same manner required

under Section 2151.101; and

(2) delivers to the commissioner or the commissioner's designee

a reinspection certificate:

(A) stating that the required reinspection has occurred;

(B) stating that the amusement ride meets coverage standards and

is covered by insurance in compliance with Section 2151.101; and

made to the amusement ride after its operation was prohibited.

Section 2151.101 when its operation was initially prohibited

under Subsection (a), a person may resume operating the mobile

amusement ride only after the person subsequently complies with

Section 2151.101.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff.

Sept. 1, 2001.

Sec. 2151.1527. RELIEF FROM PROHIBITION ORDER. The owner or

operator of the amusement ride may file suit for relief from a

prohibition under Section 2151.1525 or 2151.1526 in a district

court in the county in which the amusement ride was located when

the prohibition against operation occurred.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff.

Sept. 1, 2001.

Sec. 2151.153. CRIMINAL PENALTIES. (a) A person commits an

offense if the person fails to comply with any requirement of:

(1) Section 2151.101, 2151.102, 2151.103, 2151.1525(b), (c), or

(d), or 2151.1526(a); or

(2) a rule adopted by the commissioner under Section 2151.1021

or 2151.105.

(b) A person commits an offense if the person:

(1) is a sponsor, lessor, landowner, or other person responsible

for an amusement ride being offered for use by the public; and

(2) does not provide the information required under Section

2151.053 or provides false information under Section 2151.053.

(d) Each day a violation of this chapter is committed

constitutes a separate offense.

(e) The prosecuting attorney in a case in which a person is

convicted of an offense under this section shall report the

offense to the department not later than the 90th day after the

date of the conviction.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.706(a), eff.

Sept. 1, 2001.

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