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Texas Laws | Occupation Code
OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT

(a) A person may not act as a promoter of an outdoor music festival unless the person registers with the county clerk of the county in which the festival is to be held. (55611)

(b) A person may not direct, control, or participate in the direction or control of an outdoor music festival unless the festival is authorized by a permit issued under this chapter. (55612)

(c) A person commits an offense if the person violates this section. (55613)

(d) An offense under this section is a misdemeanor punishable by: (55614)

(1) confinement in a county jail for a term not to exceed 30 days; (55615)

(2) a fine not to exceed $1,000; or (55616)

(3) both the fine and confinement. (55617)

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. (55618)

SUBTITLE D. OTHER AMUSEMENTS AND ENTERTAINMENT (55619)(Text)

CHAPTER 2151. REGULATION OF AMUSEMENT RIDES (55620)(Text)
Sec. 2151.001. SHORT TITLE. (55621)(Text)

This chapter may be cited as the Amusement Ride Safety Inspection and Insurance Act. (55622)

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. (55623)

Sec. 2151.002. DEFINITIONS. (55624)(Text)

In this chapter: (55625)

(1) "Amusement ride" means a mechanical device that carries passengers along, around, or over a fixed or restricted course or within a defined area for the purpose of giving the passengers amusement, pleasure, or excitement. The term does not include: (55626)

(A) a coin-operated ride that: (55627)

(i) is manually, mechanically, or electrically operated; (55628)

(ii) is customarily placed in a public location; and (55629)

(iii) does not normally require the supervision or services of an operator; (55630)

(B) nonmechanized playground equipment, including a swing, seesaw, stationary spring-mounted animal feature, rider-propelled merry-go-round, climber, playground slide, trampoline, and physical fitness device; or (55631)

(C) a challenge course or any part of a challenge course if the person who operates the challenge course has an 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 operator against liability for injury to persons arising out of the use of the challenge course, in an amount not less than: (55632)

(i) for facilities with a fixed location: (55633)

(a) $100,000 bodily injury and $50,000 property damage per occurrence, with a $300,000 annual aggregate; or (55634)

(b) a $150,000 per occurrence combined single limit, with a $300,000 annual aggregate; and (55635)

(ii) for facilities other than those with a fixed location: (55636)

(a) $1,000,000 bodily injury and $500,000 property damage per occurrence; or (55637)

(b) $1,500,000 per occurrence combined single limit. (55638)

(2) "Class A amusement ride" means an amusement ride with a fixed location designed primarily for use by children younger than 13 years of age. (55639)

(3) "Class B amusement ride" means an amusement ride that is not a Class A amusement ride. (55640)

(4) "Commissioner" means the commissioner of insurance. (55641)

(5) "Department" means the Texas Department of Insurance. (55642)

(6) "Mobile amusement ride" means an amusement ride that is designed or adapted to be moved from one location to another and is not fixed at a single location. (55643)

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.701(a), eff. Sept. 1, 2001. (55644)

Amended by: (55645)

Acts 2005, 79th Leg., Ch. 363 (S.B. 1282), Sec. 2, eff. September 1, 2005. (55646)

Sec. 2151.051. GENERAL POWERS AND DUTIES. (55647)(Text)

The commissioner shall administer and enforce this chapter. (55648)

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.702(a), eff. Sept. 1, 2001. (55649)

Sec. 2151.052. FEES. (55650)(Text)

(a) The commissioner shall establish reasonable and necessary fees, in an amount not to exceed $40 per year, for each amusement ride covered by this chapter. (55651)

(b) An amusement ride that consists of two or more self-propelled, four-wheeled vehicles designed to be operated independently and to carry fewer than three persons, including go-carts, is a single amusement ride. (55652)

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.702(b), eff. Sept. 1, 2001. (55653)

Sec. 2151.053. INFORMATION REQUEST. (55654)(Text)

(a) The department may request information from a sponsor, lessor, landowner, or other person responsible for an amusement ride being offered for use by the public concerning whether insurance required by this chapter is in effect on that amusement ride. (55655)

(b) The person shall respond to the information request not later than the 15th day after the date the request is made. (55656)

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. (55657)

SUBCHAPTER C. OPERATION OF AMUSEMENT RIDES (55658)(Text)

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