Bill Text: TX HB2252 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the regulation of trampoline courts; authorizing fees; creating criminal offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Insurance [HB2252 Detail]
Download: Texas-2023-HB2252-Introduced.html
88R7477 PRL-D | ||
By: Turner | H.B. No. 2252 |
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relating to the regulation of trampoline courts; authorizing fees; | ||
creating criminal offenses. | ||
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) "Trampoline court" means a commercial facility | ||
with a defined area containing one or more trampolines, a series of | ||
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. | ||
(4) "Trampoline court foam pit" means a trampoline | ||
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. FEES. The commissioner may assess fees in | ||
the amounts reasonable and necessary to cover the costs of | ||
administering this chapter, not to exceed $40 per year, for each | ||
trampoline court subject to this chapter. | ||
Sec. 2152.053. INFORMATION REQUEST. (a) The department | ||
may request from a person operating a trampoline court or a sponsor, | ||
lessor, landowner, or other person responsible for offering the use | ||
of a trampoline court to the public information concerning whether | ||
the trampoline court is subject to the insurance requirements of | ||
this chapter. | ||
(b) The person shall respond to the information request not | ||
later than the 15th day after the date the department makes 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 the trampoline court inspected at least once a | ||
year by an insurer or a person with whom the insurer contracts; | ||
(2) obtains written certification from the insurer or | ||
contracted person stating that the trampoline court: | ||
(A) has been inspected; | ||
(B) meets the standards for insurance coverage; | ||
and | ||
(C) is covered by the insurance required by | ||
Subdivision (3); | ||
(3) 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 | ||
trampoline court in an amount not less than a $500,000 per | ||
occurrence combined single limit with $1 million in aggregate for | ||
all liability claims occurring in a policy year; | ||
(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 offering the use of the trampoline | ||
court to 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: | ||
(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. | ||
(d) A person operating a trampoline court shall satisfy the | ||
reporting requirements of Section 2151.103 as applied to the | ||
trampoline court. | ||
SUBCHAPTER D. ENFORCEMENT PROVISIONS | ||
Sec. 2152.151. PROHIBITION OF TRAMPOLINE COURT OPERATION. | ||
(a) A municipal, county, or state law enforcement official may | ||
immediately prohibit operation of a trampoline court if: | ||
(1) the operator of the trampoline court is unable to | ||
provide the inspection certificate and the insurance policy | ||
required by Section 2152.101 or a photocopy of the inspection | ||
certificate or insurance policy; | ||
(2) the law enforcement official reasonably believes | ||
the trampoline court is not in compliance with Section 2152.101; or | ||
(3) the operation of the trampoline court, conduct of | ||
a person operating the trampoline court, or any other circumstance | ||
causes the law enforcement official to reasonably believe that the | ||
trampoline court is unsafe or the safety of a person on the | ||
trampoline court is threatened. | ||
(b) If the operation of a trampoline court is prohibited | ||
under Subsection (a)(1) or (2), a person may not operate the | ||
trampoline court unless: | ||
(1) the operator presents to the appropriate | ||
municipal, county, or state law enforcement official proof of | ||
compliance with Section 2152.101; or | ||
(2) the commissioner or the commissioner's designee | ||
determines that on the date the trampoline court's operation was | ||
prohibited the operator had on file with the department the | ||
documents required by Section 2152.101 and issues a written | ||
statement permitting the trampoline court to resume operation. | ||
(c) If on the date a trampoline court's operation is | ||
prohibited under Subsection (a)(3) the trampoline court is not in | ||
compliance with Section 2152.101, a person may not operate the | ||
trampoline court until after the person subsequently complies with | ||
Section 2152.101. | ||
(d) If on the date a trampoline court's operation is | ||
prohibited under Subsection (a)(3) the trampoline court is in | ||
compliance with Section 2152.101, a person may not operate the | ||
trampoline court until: | ||
(1) on-site safety 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 trampoline court to resume operation; or | ||
(3) an insurance company insuring the trampoline court | ||
on the date the trampoline court's operation was prohibited: | ||
(A) reinspects the trampoline court in the same | ||
manner required by Section 2152.101; 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 trampoline court | ||
meets coverage standards and is covered by insurance in compliance | ||
with Section 2152.101; and | ||
(iii) explaining any necessary repairs made | ||
to the trampoline court after its operation was prohibited. | ||
Sec. 2152.152. CRIMINAL OFFENSES. (a) A person commits an | ||
offense if the person fails to comply with any requirement of: | ||
(1) Section 2151.103, 2152.101, or 2152.151(b), (c), | ||
or (d); or | ||
(2) a rule adopted by the commissioner. | ||
(b) A person commits an offense if the person: | ||
(1) is a sponsor, lessor, landowner, or other person | ||
responsible for offering the use of a trampoline court to the | ||
public; and | ||
(2) does not provide the information required under | ||
Section 2152.053 or provides false information under Section | ||
2152.053. | ||
(c) An offense under this section is a Class B misdemeanor. | ||
(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. | ||
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, 2023. | ||
SECTION 3. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect December 1, 2023. | ||
(b) Section 2 of this Act takes effect September 1, 2023. |