Bill Text: TX HB4010 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the regulation of certain amusement rides; providing a civil penalty.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-05-06 - Left pending in committee [HB4010 Detail]
Download: Texas-2015-HB4010-Introduced.html
| By: Burns | H.B. No. 4010 | |
|
|
||
|
|
||
| relating to the regulation of certain amusement rides; providing a | ||
| civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 2151.002, Occupations Code, is amended | ||
| by amending Subdivision (3) and adding Subdivision (3-a) to read as | ||
| follows: | ||
| (3) "Class B amusement ride" means an amusement ride | ||
| that is not a Class A or Class C amusement ride. | ||
| (3-a) "Class C amusement ride" means an amusement ride | ||
| that is mechanically inflated using a continuous airflow device and | ||
| provides a surface for bouncing and jumping or creates an enclosed | ||
| space for the purpose of amusement. | ||
| SECTION 2. Section 2151.1012(a), Occupations Code, is | ||
| amended to read as follows: | ||
| (a) This section applies only to a Class C [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]. | ||
| SECTION 3. Subchapter D, Chapter 2151, Occupations Code, | ||
| is | ||
| amended by adding Section 2151.1528 to read as follows: | ||
| Sec. 2151.1528. CIVIL PENALTY FOR VIOLATION OF CERTAIN | ||
| AMUSEMENT RIDE LAWS. (a) In addition to any other penalty provided | ||
| under this chapter, a person who violates this chapter in the | ||
| operation of a Class C amusement ride is liable to the state for a | ||
| civil penalty not to exceed $200 for each violation on each day the | ||
| person commits a violation. | ||
| (b) A penalty under this section may be enforced by a suit | ||
| brought by: | ||
| (1) a county or district attorney of the county in | ||
| which the violation occurred; | ||
| (2) a municipal attorney of the municipality in which | ||
| the violation occurred; or | ||
| (3) the attorney general, at the request of the | ||
| commissioner of insurance. | ||
| (c) If the attorney general brings the suit, the penalty | ||
| shall be deposited in the state treasury to the credit of the | ||
| general revenue fund. If a local prosecuting attorney brings the | ||
| suit, the penalty shall be deposited in the general fund of the | ||
| municipality or county in which the violation occurred. | ||
| (d) The attorney general, district and county attorney, | ||
| municipal attorney, and the department may recover reasonable | ||
| expenses incurred in obtaining a civil penalty under this section, | ||
| including court costs, reasonable attorney's fees, investigative | ||
| costs, witness fees, and deposition expenses. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
