Bill Text: TX HB3570 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to insurance coverage requirements for certain amusement rides.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3570 Detail]
Download: Texas-2011-HB3570-Enrolled.html
H.B. No. 3570 |
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relating to insurance coverage requirements for certain amusement | ||
rides. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2151.101(a), Occupations Code, is | ||
amended to read as follows: | ||
(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 | ||
(C) is covered by the insurance required by | ||
Subdivision (3); | ||
(3) except as provided by Sections [ |
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and 2151.1012, 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. | ||
SECTION 2. Subchapter C, Chapter 2151, Occupations Code, is | ||
amended by adding Section 2151.1012 to read as follows: | ||
Sec. 2151.1012. LIABILITY INSURANCE FOR CERTAIN OTHER | ||
AMUSEMENT RIDES. (a) This section applies only to a Class B | ||
amusement ride that: | ||
(1) is mechanically inflated using a continuous | ||
airflow device; and | ||
(2) provides a surface for bouncing and jumping or | ||
creates an enclosed space for the purpose of amusement. | ||
(b) A person may not operate an amusement ride described by | ||
Subsection (a) unless the person has a combined single limit | ||
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 arising out | ||
of the use of the amusement ride in an amount of not less than $1 | ||
million per occurrence. | ||
SECTION 3. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3570 was passed by the House on May 3, | ||
2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3570 was passed by the Senate on May | ||
17, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |