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

(b) If the operation of an amusement ride is prohibited under Subsection (a)(1) or (2), a person may not operate the amusement ride unless: (55760)

(1) the operator presents to the appropriate municipal, county, or state law enforcement official proof of compliance with Section 2151.101; or (55761)

(2) the commissioner or the commissioner's designee determines that on the date the amusement ride's operation was prohibited the operator had on file with the board the documents required by Section 2151.101 and issues a written statement permitting the amusement ride to resume operation. (55762)

(c) If on the date an amusement ride's operation is prohibited under Subsection (a)(3) the amusement ride is not in compliance with Section 2151.101, a person may not operate the amusement ride until after the person subsequently complies with Section 2151.101. (55763)

(d) If on the date an amusement ride's operation is prohibited under Subsection (a)(3) the amusement ride is in compliance with Section 2151.101, a person may not operate the amusement ride until: (55764)

(1) on-site corrections are made; (55765)

(2) an order from a district judge, county judge, judge of a county court at law, justice of the peace, or municipal judge permits the amusement ride to resume operation; or (55766)

(3) an insurance company insuring the amusement ride on the date the amusement ride's operation was prohibited: (55767)

(A) reinspects the amusement ride in the same manner required by Section 2151.101; and (55768)

(B) delivers to the commissioner or the commissioner's designee and the appropriate law enforcement official a reinspection certificate: (55769)

(i) stating that the required reinspection has occurred; (55770)

(ii) stating that the amusement ride meets coverage standards and is covered by insurance in compliance with Section 2151.101; and (55771)

(iii) explaining the necessary repairs, if any, that have been made to the amusement ride after its operation was prohibited. (55772)

(e) Subsection (a) does not apply to an amusement ride with a fixed location and operated at an amusement park that was attended by more than 200,000 customers in the year preceding the inspection under Section 2151.152(b). (55773)

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff. Sept. 1, 2001. (55774)

Sec. 2151.1526. PROHIBITION OF MOBILE AMUSEMENT RIDE OPERATION. (55775)(Text)

(a) Except as provided by Subsection (b) or (c), a mobile amusement ride on which a death occurs may not be operated. (55776)

(b) If a mobile amusement ride was in compliance with Section 2151.101 when its operation was initially prohibited under Subsection (a), a person may resume operating the mobile amusement ride only after an insurance company insuring the amusement ride on the date its operation was prohibited: (55777)

(1) reinspects the amusement ride in the same manner required under Section 2151.101; and (55778)

(2) delivers to the commissioner or the commissioner's designee a reinspection certificate: (55779)

(A) stating that the required reinspection has occurred; (55780)

(B) stating that the amusement ride meets coverage standards and is covered by insurance in compliance with Section 2151.101; and (55781)

(C) explaining the necessary repairs, if any, that have been made to the amusement ride after its operation was prohibited. (55782)

(c) If a mobile amusement ride was not in compliance with Section 2151.101 when its operation was initially prohibited under Subsection (a), a person may resume operating the mobile amusement ride only after the person subsequently complies with Section 2151.101. (55783)

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff. Sept. 1, 2001. (55784)

Sec. 2151.1527. RELIEF FROM PROHIBITION ORDER. (55785)(Text)

The owner or operator of the amusement ride may file suit for relief from a prohibition under Section 2151.1525 or 2151.1526 in a district court in the county in which the amusement ride was located when the prohibition against operation occurred. (55786)

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff. Sept. 1, 2001. (55787)

Sec. 2151.153. CRIMINAL PENALTIES. (55788)(Text)

(a) A person commits an offense if the person fails to comply with any requirement of: (55789)

(1) Section 2151.101, 2151.102, 2151.103, 2151.1525(b), (c), or (d), or 2151.1526(a); or (55790)

(2) a rule adopted by the commissioner under Section 2151.1021 or 2151.105. (55791)

(b) A person commits an offense if the person: (55792)

(1) is a sponsor, lessor, landowner, or other person responsible for an amusement ride being offered for use by the public; and (55793)

(2) does not provide the information required under Section 2151.053 or provides false information under Section 2151.053. (55794)

(c) An offense under this section is a Class B misdemeanor. (55795)

(d) Each day a violation of this chapter is committed constitutes a separate offense. (55796)

(e) The prosecuting attorney in a case in which a person is convicted of an offense under this section shall report the offense to the department not later than the 90th day after the date of the conviction. (55797)

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