1-1 AN ACT
1-2 relating to the regulation of amusement rides; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Article 21.60, Insurance Code, is
1-5 amended by amending Subdivision (3) and adding Subdivisions (5) and
1-6 (6) to read as follows:
1-7 (3) "Class A amusement ride" means an amusement ride
1-8 with a fixed location and designed primarily for use by children 12
1-9 years of age or younger.
1-10 (5) "Commissioner" means the commissioner of
1-11 insurance.
1-12 (6) "Mobile amusement ride" means an amusement ride
1-13 that is designed or adapted to be moved from one location to
1-14 another and is not fixed at a single location.
1-15 SECTION 2. Section 3(a), Article 21.60, Insurance Code, is
1-16 amended to read as follows:
1-17 (a) The commissioner [board] shall administer and enforce
1-18 this article. The commissioner [board] shall establish reasonable
1-19 and necessary fees in an amount not to exceed $40 [$20] per year
1-20 for each amusement ride covered by this Act.
1-21 SECTION 3. Section 4, Article 21.60, Insurance Code, is
1-22 amended by amending Subsections (a) and (b) and adding Subsections
1-23 (d), (e), (f), (g), and (h) to read as follows:
1-24 (a) A person may not operate an amusement ride unless the
2-1 person [he]:
2-2 (1) has the amusement ride inspected at least once
2-3 annually by an insurer or a person with whom the insurer has
2-4 contracted and obtains from that insurer or person a written
2-5 certificate that the inspection has been made and that the
2-6 amusement ride meets the standards for coverage and is covered by
2-7 the insurance required by Subdivision [Subsection] (2) of this
2-8 subsection [section]. If at any time the inspection reveals that
2-9 an amusement ride does not meet the insurer's underwriting
2-10 standards, the insurer shall so notify the owner or operator and in
2-11 the event repair or replacement of equipment is required it shall
2-12 be the responsibility of the owner or operator to make such repair
2-13 or replacement before the amusement ride is offered for public use;
2-14 (2) has an insurance policy currently in force written
2-15 by an insurance company authorized to do business in this state, a
2-16 surplus lines insurer as defined by Article 1.14-2 of this code, or
2-17 an independently procured policy subject to Article 1.14-1 of this
2-18 code, in an amount of not less than $100,000 per occurrence with a
2-19 $300,000 annual aggregate for Class A amusement rides and an amount
2-20 of not less than $1,000,000 per occurrence for Class B amusement
2-21 rides insuring the owner or operator against liability for injury
2-22 to persons arising out of the use of the amusement ride;
2-23 (3) files with the commissioner [board], in the manner
2-24 required by this article, the inspection certificate and the
2-25 insurance policy required by this section or a photocopy of such a
2-26 certificate or policy authorized by the commissioner [board]; and
2-27 (4) files with each sponsor, lessor, landowner, or
3-1 other person responsible for an amusement ride being offered for
3-2 use by the public a photocopy of the inspection certificate and the
3-3 insurance policy required by this section [certificate stating that
3-4 the insurance required by Subdivision (2) of this section is in
3-5 effect].
3-6 (b) The inspection required under Subsection (a)(1) of this
3-7 section must include a method to test the stress- and wear-related
3-8 damage of critical parts of a ride that the manufacturer of the
3-9 amusement ride [board] determines are reasonably subject to failure
3-10 as the result of stress and wear and could cause injury to a member
3-11 of the general public as a result of a failure.
3-12 (d) A person who operates an amusement ride in this state
3-13 shall maintain accurate records of any governmental action taken in
3-14 any state relating to that particular amusement ride, including an
3-15 inspection resulting in the repair or replacement of equipment used
3-16 in the operation of the amusement ride. The operator shall file
3-17 with the commissioner on a quarterly basis a report on a form
3-18 designed by the commissioner describing each governmental action
3-19 taken in the quarter covered by the report for which the operator
3-20 is required by this subsection to maintain records. A report is
3-21 not required under this section in any quarter in which no
3-22 reportable governmental action was taken in any state in which the
3-23 person operated the amusement ride.
3-24 (e) A person who operates an amusement ride shall maintain
3-25 for not less than two years at any location where the ride is
3-26 operated, for inspection by a municipal, county, or state law
3-27 enforcement official, a photocopy of any quarterly report required
4-1 under Subsection (c) or (d) of this section to be filed with the
4-2 commissioner.
4-3 (f) The commissioner shall adopt rules requiring operators
4-4 of mobile amusement rides to perform inspections of mobile
4-5 amusement rides, including rules requiring daily inspections of
4-6 safety restraints. Rules adopted under this subsection may apply
4-7 to specific rides of specific manufacturers. The commissioner
4-8 shall prescribe forms for inspections required under this
4-9 subsection and shall require records of the inspections to be made
4-10 available for inspection by any municipality, county, or state law
4-11 enforcement officials at any location at which an amusement ride is
4-12 operated.
4-13 (g) The commissioner shall adopt rules requiring that a sign
4-14 be posted to inform the public how to report an amusement ride that
4-15 appears to be unsafe or to report an amusement ride operator who
4-16 appears to be violating the law. The rules must require the sign to
4-17 be posted at the principal entrance to the site at which an
4-18 amusement ride is located or at any location on that site at which
4-19 tickets for an amusement ride are available.
4-20 (h) An amusement ride covered by this article that is sold,
4-21 maintained, or operated in this state shall comply with standards
4-22 established by the American Society of Testing and Materials (ASTM)
4-23 as of May 1, 1999. Those standards are minimum standards. To the
4-24 extent that the standards of the American Society of Testing and
4-25 Materials conflict with the requirements of this article, the more
4-26 stringent requirement or standard applies.
4-27 SECTION 4. Section 8, Article 21.60, Insurance Code, is
5-1 amended to read as follows:
5-2 Sec. 8. INJUNCTIONS. The district attorney of each county
5-3 in which an amusement ride is operated or, on request of the
5-4 commissioner of insurance, the attorney general or one of his
5-5 agents may seek an injunction against any person operating an
5-6 amusement ride in violation of this article or in violation of a
5-7 rule adopted by the commissioner under Section 4 of this article.
5-8 SECTION 5. The heading of Section 9, Article 21.60,
5-9 Insurance Code, is amended to read as follows:
5-10 Sec. 9. PENALTIES[; LOCAL ENFORCEMENT].
5-11 SECTION 6. Section 9, Article 21.60, Insurance Code, is
5-12 amended by amending Subsections (a) and (c) and adding Subsection
5-13 (f) to read as follows:
5-14 (a) A person commits an offense if the person [he] fails to
5-15 comply with any requirement under Section 4, [or] 5, 10(e), 10(f),
5-16 10(g), or 10(k) of this article or under any rule adopted by the
5-17 commissioner under Section 4 of this article.
5-18 (c) An offense under this section is a Class B [C]
5-19 misdemeanor.
5-20 (f) The prosecuting attorney in a case in which a person is
5-21 convicted of an offense under this section shall report the offense
5-22 to the department not later than the 90th day after the date of the
5-23 conviction.
5-24 SECTION 7. Article 21.60, Insurance Code, is amended by
5-25 adding Section 10 to read as follows:
5-26 Sec. 10. ENFORCEMENT. (a) A municipal, county, or state
5-27 law enforcement official may determine compliance with Section 4 or
6-1 5 of this article in conjunction with the commissioner and may
6-2 institute an action in a court of competent jurisdiction to enforce
6-3 this article.
6-4 (b) A municipal, county, or state law enforcement official
6-5 may enter and inspect without notice any amusement ride at any time
6-6 to ensure public safety.
6-7 (c) The operator of an amusement ride shall immediately
6-8 provide the inspection certificate and the insurance policy
6-9 required by Section 4 of this article to a municipal, county, or
6-10 state law enforcement official requesting the information. A
6-11 photocopy of the inspection certificate or insurance policy may be
6-12 provided instead of the certificate or policy.
6-13 (d) Except as provided by Subsection (i) of this section, a
6-14 municipal, county, or state law enforcement official may
6-15 immediately prohibit operation of an amusement ride if:
6-16 (1) the operator of the amusement ride is unable to
6-17 provide the documents or a photocopy of the documents required by
6-18 Subsection (c) of this section;
6-19 (2) the law enforcement official reasonably believes
6-20 the amusement ride is not in compliance with Section 4(a) of this
6-21 article; or
6-22 (3) the operation of the amusement ride, conduct of a
6-23 person operating the amusement ride, conduct of a person assembling
6-24 the amusement ride if it is a mobile amusement ride, or any other
6-25 circumstance causes the law enforcement official to reasonably
6-26 believe that the amusement ride is unsafe or the safety of a
6-27 passenger on the amusement ride is threatened.
7-1 (e) If the operation of an amusement ride is prohibited
7-2 under Subsection (d)(1) or (2) of this section, a person may not
7-3 operate the amusement ride unless:
7-4 (1) the operator presents to the appropriate
7-5 municipal, county, or state law enforcement official proof of
7-6 compliance with Section 4(a) of this article; or
7-7 (2) the commissioner or the commissioner's designee
7-8 determines that on the date the amusement ride's operation was
7-9 prohibited the operator had on file with the board the documents
7-10 required by Section 4(a) of this article and issues a written
7-11 statement permitting the amusement ride to resume operation.
7-12 (f) If on the date an amusement ride's operation is
7-13 prohibited under Subsection (d)(3) of this section the amusement
7-14 ride is not in compliance with Section 4(a) of this article, a
7-15 person may not operate the amusement ride until after a person
7-16 subsequently complies with Section 4(a) of this article.
7-17 (g) If on the date an amusement ride's operation is
7-18 prohibited under Subsection (d)(3) of this section the amusement
7-19 ride is in compliance with Section 4(a) of this article, a person
7-20 may not operate the amusement ride until:
7-21 (1) on-site corrections are made;
7-22 (2) an order from a district judge, county judge,
7-23 judge of a county court at law, justice of the peace, or municipal
7-24 judge permits the amusement ride to resume operation; or
7-25 (3) an insurance company insuring the amusement ride
7-26 on the date the amusement ride's operation was prohibited:
7-27 (A) reinspects the amusement ride in the same
8-1 manner required under Section 4(a) of this article; and
8-2 (B) delivers to the commissioner or the
8-3 commissioner's designee and the appropriate law enforcement
8-4 official a reinspection certificate:
8-5 (i) stating that the required reinspection
8-6 has occurred;
8-7 (ii) stating that the amusement ride meets
8-8 coverage standards and is covered by insurance in compliance with
8-9 Section 4(a) of this article; and
8-10 (iii) explaining the necessary repairs, if
8-11 any, that have been made to the amusement ride after its operation
8-12 was prohibited.
8-13 (h) The owner or operator of the amusement ride may file
8-14 suit for relief from a prohibition under Subsection (d) or (k) of
8-15 this section in a district court in the county in which the
8-16 amusement ride was located when the prohibition against operation
8-17 occurred.
8-18 (i) Subsection (d) of this section does not apply to an
8-19 amusement ride with a fixed location and operated at an amusement
8-20 park that was attended by more than 200,000 customers in the year
8-21 preceding the inspection under Subsection (b) of this section.
8-22 (j) Performance or nonperformance by a municipal, county, or
8-23 state law enforcement official of any action authorized by this
8-24 article is a discretionary act.
8-25 (k) Except as provided by Subsection (l) or (m) of this
8-26 section, a mobile amusement ride on which a death occurs may not be
8-27 operated.
9-1 (l) If a mobile amusement ride was in compliance with
9-2 Section 4(a) of this article when its operation was initially
9-3 prohibited under Subsection (k) of this section, a person may
9-4 resume operating the mobile amusement ride only after an insurance
9-5 company insuring the amusement ride on the date its operation was
9-6 prohibited:
9-7 (1) reinspects the amusement ride in the same manner
9-8 required under Section 4(a) of this article; and
9-9 (2) delivers to the commissioner or the commissioner's
9-10 designee a reinspection certificate:
9-11 (A) stating that the required reinspection has
9-12 occurred;
9-13 (B) stating that the amusement ride meets
9-14 coverage standards and is covered by insurance in compliance with
9-15 Section 4(a) of this article; and
9-16 (C) explaining the necessary repairs, if any,
9-17 that have been made to the amusement ride after its operation was
9-18 prohibited.
9-19 (m) If a mobile amusement ride was not in compliance with
9-20 Section 4(a) of this article when its operation was initially
9-21 prohibited under Subsection (k) of this section, a person may
9-22 resume operating the mobile amusement ride only after the person
9-23 subsequently complies with Section 4(a) of this article.
9-24 SECTION 8. Section 49.01, Penal Code, is amended by adding
9-25 Subdivisions (5) and (6) to read as follows:
9-26 (5) "Amusement ride" has the meaning assigned by
9-27 Section 2, Article 21.60, Insurance Code.
10-1 (6) "Mobile amusement ride" has the meaning assigned
10-2 by Section 2, Article 21.60, Insurance Code.
10-3 SECTION 9. Chapter 49, Penal Code, is amended by adding
10-4 Section 49.065 to read as follows:
10-5 Sec. 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE
10-6 INTOXICATED. (a) A person commits an offense if the person is
10-7 intoxicated while operating an amusement ride or while assembling a
10-8 mobile amusement ride.
10-9 (b) Except as provided by Subsection (c) and Section 49.09,
10-10 an offense under this section is a Class B misdemeanor with a
10-11 minimum term of confinement of 72 hours.
10-12 (c) If it is shown on the trial of an offense under this
10-13 section that at the time of the offense the person operating the
10-14 amusement ride or assembling the mobile amusement ride had an open
10-15 container of alcohol in the person's immediate possession, the
10-16 offense is a Class B misdemeanor with a minimum term of confinement
10-17 of six days.
10-18 SECTION 10. Section 49.07(a), Penal Code, is amended to read
10-19 as follows:
10-20 (a) A person commits an offense if the person, by accident
10-21 or mistake:
10-22 (1) [,] while operating an aircraft, watercraft, or
10-23 amusement ride while intoxicated, or while operating a motor
10-24 vehicle in a public place while intoxicated, by reason of that
10-25 intoxication causes serious bodily injury to another; or
10-26 (2) as a result of assembling a mobile amusement ride
10-27 while intoxicated causes serious bodily injury to another.
11-1 SECTION 11. Section 49.08(a), Penal Code, is amended to read
11-2 as follows:
11-3 (a) A person commits an offense if the person:
11-4 (1) operates a motor vehicle in a public place,
11-5 operates an aircraft, [or] a watercraft, or an amusement ride, or
11-6 assembles a mobile amusement ride; and
11-7 (2) is intoxicated and by reason of that intoxication
11-8 causes the death of another by accident or mistake.
11-9 SECTION 12. Sections 49.09(a), (b), (d), and (e), Penal
11-10 Code, are amended to read as follows:
11-11 (a) If it is shown on the trial of an offense under Section
11-12 49.04, 49.05, [or] 49.06, or 49.065 that the person has previously
11-13 been convicted one time of an offense relating to the operating of
11-14 a motor vehicle while intoxicated, an offense of operating an
11-15 aircraft while intoxicated, [or] an offense of operating a
11-16 watercraft while intoxicated, or an offense of operating or
11-17 assembling an amusement ride while intoxicated, the offense is a
11-18 Class A misdemeanor, with a minimum term of confinement of 30 days.
11-19 (b) If it is shown on the trial of an offense under Section
11-20 49.04, 49.05, [or] 49.06, or 49.065 that the person has previously
11-21 been convicted two times of an offense relating to the operating of
11-22 a motor vehicle while intoxicated, an offense of operating an
11-23 aircraft while intoxicated, [or] an offense of operating a
11-24 watercraft while intoxicated, or an offense of operating or
11-25 assembling an amusement ride while intoxicated, the offense is a
11-26 felony of the third degree.
11-27 (d) For the purposes of this section, a conviction for an
12-1 offense under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08
12-2 that occurs on or after September 1, 1994, is a final conviction,
12-3 whether the sentence for the conviction is imposed or probated.
12-4 (e) A conviction may not be used for purposes of enhancement
12-5 under this section if:
12-6 (1) the conviction was a final conviction under
12-7 Subsection (d) and was for an offense committed more than 10 years
12-8 before the offense for which the person is being tried was
12-9 committed; and
12-10 (2) the person has not been convicted of an offense
12-11 under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any
12-12 offense related to operating a motor vehicle while intoxicated
12-13 committed within 10 years before the date on which the offense for
12-14 which the person is being tried was committed.
12-15 SECTION 13. Section 49.09(c), Penal Code, is amended by
12-16 adding Subdivision (4) to read as follows:
12-17 (4) "Offense of operating or assembling an amusement
12-18 ride while intoxicated" means:
12-19 (A) an offense under Section 49.065;
12-20 (B) an offense under Section 49.07 or 49.08, if
12-21 the offense involved the operation or assembly of an amusement
12-22 ride; or
12-23 (C) an offense under the law of another state
12-24 that prohibits the operation of an amusement ride while intoxicated
12-25 or the assembly of a mobile amusement ride while intoxicated.
12-26 SECTION 14. Section 49.10, Penal Code, is amended to read as
12-27 follows:
13-1 Sec. 49.10. NO DEFENSE. In a prosecution under Section
13-2 49.03, 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that
13-3 the defendant is or has been entitled to use the alcohol,
13-4 controlled substance, drug, dangerous drug, or other substance is
13-5 not a defense.
13-6 SECTION 15. Section 9(e), Article 21.60, Insurance Code, is
13-7 repealed.
13-8 SECTION 16. (a) This Act takes effect January 1, 2000.
13-9 (b) The change in law made by this Act to Section 9, Article
13-10 21.60, Insurance Code, applies only to an offense committed on or
13-11 after the effective date of this Act.
13-12 (c) An offense committed before the effective date of this
13-13 Act is covered by the law in effect when the offense was committed,
13-14 and the former law is continued in effect for that purpose. For
13-15 purposes of this section, an offense is committed before the
13-16 effective date of this Act if any element of the offense occurs
13-17 before that date.
13-18 SECTION 17. The importance of this legislation and the
13-19 crowded condition of the calendars in both houses create an
13-20 emergency and an imperative public necessity that the
13-21 constitutional rule requiring bills to be read on three several
13-22 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1059 was passed by the House on April
29, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1059 on May 28, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1059 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1059 was passed by the Senate, with
amendments, on May 26, 1999, by the following vote: Yeas 29, Nays
0, 1 present, not voting; at the request of the House, the Senate
appointed a conference committee to consider the differences
between the two houses; and that the Senate adopted the conference
committee report on H.B. No. 1059 on May 30, 1999, by a viva-voce
vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor