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A BILL TO BE ENTITLED
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AN ACT
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relating to insurance coverage requirements for certain amusement |
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rides. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2151.101(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person may not operate an amusement ride unless the |
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person: |
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(1) has had the amusement ride inspected at least once |
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a year by an insurer or a person with whom the insurer has |
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contracted; |
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(2) obtains a written certificate from the insurer or |
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person with whom the insurer has contracted stating that the |
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amusement ride: |
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(A) has been inspected; |
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(B) meets the standards for insurance coverage; |
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and |
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(C) is covered by the insurance required by |
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Subdivision (3); |
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(3) except as provided by Sections [Section] 2151.1011 |
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and 2151.1012, has a combined single limit or split limit insurance |
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policy currently in effect written by an insurance company |
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authorized to do business in this state or by a surplus lines |
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insurer, as defined by Chapter 981, Insurance Code, or has an |
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independently procured policy subject to Chapter 101, Insurance |
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Code, insuring the owner or operator against liability for injury |
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to persons arising out of the use of the amusement ride in an amount |
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of not less than: |
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(A) for Class A amusement rides: |
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(i) $100,000 bodily injury and $50,000 |
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property damage per occurrence with a $300,000 annual aggregate; or |
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(ii) a $150,000 per occurrence combined |
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single limit with a $300,000 annual aggregate; and |
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(B) for Class B amusement rides: |
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(i) $1,000,000 bodily injury and $500,000 |
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property damage per occurrence; or |
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(ii) $1,500,000 per occurrence combined |
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single limit; |
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(4) files with the commissioner, as required by this |
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chapter, the inspection certificate and the insurance policy or a |
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photocopy of the certificate or policy authorized by the |
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commissioner; and |
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(5) files with each sponsor, lessor, landowner, or |
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other person responsible for the amusement ride being offered for |
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use by the public a photocopy of the inspection certificate and the |
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insurance policy required by this subsection. |
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SECTION 2. Subchapter C, Chapter 2151, Occupations Code, is |
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amended by adding Section 2151.1012 to read as follows: |
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Sec. 2151.1012. CERTAIN AMUSEMENT RIDES EXEMPT FROM |
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LIABILITY INSURANCE REQUIREMENT. (a) This section applies only to |
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a Class B amusement ride that: |
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(1) is mechanically inflated using a continuous |
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airflow device; and |
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(2) provides a surface for bouncing and jumping or |
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creates an enclosed space for the purpose of amusement. |
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(b) A person may operate an amusement ride described by |
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Subsection (a) without obtaining an insurance policy as required by |
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Section 2151.101(a)(3). |
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SECTION 3. This Act takes effect September 1, 2011. |