Bill Text: TX HB1403 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to insurance coverage and certification requirements for a person conducting amusement ride inspections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-27 - Referred to Insurance [HB1403 Detail]

Download: Texas-2019-HB1403-Introduced.html

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86R8995 ADM-D
By: Ortega H.B. No. 1403

A BILL TO BE ENTITLED
AN ACT
relating to insurance coverage and certification requirements for a
person conducting amusement ride inspections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2151.101(a), Occupations Code, is
amended to read as follows:
(a) A person may not operate an amusement ride unless the
person:
(1) has had the amusement ride inspected at least once
a year by an insurer or a person with whom the insurer has
contracted;
(2) obtains a written certificate from the insurer or
person with whom the insurer has contracted stating that the
amusement ride:
(A) has been inspected;
(B) meets the standards for insurance coverage;
and
(C) is covered by the insurance required by
Subdivision (3);
(3) except as provided by Sections 2151.1011 and
2151.1012, has a combined single limit or split limit 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 owner or operator against liability for injury
to persons arising out of the use of the amusement ride in an amount
of not less than:
(A) for Class A amusement rides:
(i) $100,000 bodily injury and $50,000
property damage per occurrence with a $300,000 annual aggregate; or
(ii) a $150,000 per occurrence combined
single limit with a $300,000 annual aggregate; and
(B) for Class B amusement rides:
(i) $1,000,000 bodily injury and $500,000
property damage per occurrence; or
(ii) $1,500,000 per occurrence combined
single limit;
(4) files with the commissioner, as required by this
chapter:
(A) [,] the inspection certificate and the
insurance policy or a photocopy of the certificate or policy
authorized by the commissioner; and
(B) the insurance policy or a photocopy or other
proof of the policy provided by the inspector under Section
2151.102(a-1); and
(5) files with each sponsor, lessor, landowner, or
other person responsible for the amusement ride being offered for
use by the public a photocopy of the inspection certificate and the
insurance policies [policy] required by this subsection.
SECTION 2. Section 2151.102, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) A person conducting an inspection of an amusement ride
as required by Section 2151.101(a) must:
(1) maintain liability insurance in an amount not less
than the amount the operator of the ride is required to maintain
under this chapter and provide to the operator the insurance policy
or a photocopy or other proof of the policy; and
(2) hold at least a basic inspector certification
issued by the National Association of Amusement Ride Safety
Officials or another national certification organization approved
by the commissioner.
SECTION 3. This Act takes effect September 1, 2019.