The 76 th Legislature in 1999 enacted House Bill 1059, which amended and added certain sections to Chapter 2151, Title 13, Occupations Code setting forth requirements for amusement rides in Texas. On April 14, 2000, the Commissioner of Insurance adopted amended rules (28 Texas Administrative Code §§5.9001-5.9014) to implement the Amusement Ride Safety Inspection and Insurance Act ("Act"). A copy of these amended rules is enclosed along with a copy of the new forms to be used. The following is a summary of the provisions of the adopted new rules:
- Redefines Class A rides as an amusement ride with a fixed location and designed primarily for use by children 12 years of age or younger.
- Defines a mobile amusement ride as an amusement ride that is designed or adapted to be moved from one location to another and is not fixed at a single location.
- Increases to $40 the fee for each amusement ride that owners/operators must pay when submitting to the Department the insurance policies and inspection certificates required by Texas law.
- Requires owners/operators of mobile amusement rides to perform, record, and maintain daily safety inspections of each ride.
- Requires the posting of signs informing the public how to report amusement rides that appear to be unsafe or to report amusement ride operators who appear to be violating the law.
- Requires owners/operators to keep accurate records of governmental actions taken towards their rides in any state and to report such actions quarterly to the Department.
- Requires owners/operators to maintain and file injury reports in the same manner as governmental action reports. A reportable injury is an injury that requires medical treatment which includes treatment (other than first-aid) administered by registered professional personnel under the standing orders of a physician.
- Requires that inspections and re-inspections performed on behalf of insurers include a method to test the stress- and wear-related damage of critical parts whose failure could cause injuries.
- Requires reporting to the Department a schedule of operating locations and dates for each six (6) month period for mobile ride operations.
- Clarifies that combined single limit insurance policies covering bodily injury and property damage are not acceptable unless the policy specifically provides at least the minimum limits for bodily injury to persons as required by the Act.
- Prescribes the standards of the American Society for Testing and Materials (ASTM) as the minimum standards applicable to each ride sold, maintained or operated in Texas. If an ASTM standard conflicts with the requirements of Texas law, the more stringent requirement or standard would apply.
- Authorizes municipal, county or state law enforcement officers to enter and inspect rides for safety and compliance with the Act.
- Requires the owner/operator to maintain, on site with the ride, all reports and records required by the Act for examination by appropriate authority.
- Designates that an offense under this Act is considered a Class B misdemeanor.
The enclosed forms are as follows:
- TDI Form AR-100, Amusement Ride Certificate of Inspection/Re-inspection
- TDI Form AR-101, Texas Amusement Ride Compliance Sticker
- TDI Form AR-102, Amusement Ride Schedule of Operations in Texas
- TDI Form AR-300, Texas Amusement Ride Safety Inspection and Insurance Act Daily Inspection Record
- TDI Form AR-800, Quarterly Injury Report
- TDI Form AR-801, Quarterly Governmental Action Report
SPECIAL REMINDER: Before an amusement ride can operate in Texas, the owner/operator must file with the Department (1) an original Amusement Ride Certificate of Inspection, AR-100, (2) a certified copy of the liability insurance policy with the minimum limits for bodily injury and a schedule of ride endorsement, and (3) a $40 filing fee for each ride. A planning factor of ten (10) days should be allowed for departmental review and approval prior to any operation of a ride.
Any questions regarding these requirements should be directed to Richard Baker, Manager, Loss Control Regulation. Phone 512-322-2259, Fax 512-305-7425.
E-mail address Amusements@tdi.texas.gov
This bulletin supersedes the interim information contained in Commissioner's Bulletin No. B0054-99 dated October 27, 1999, regarding the posting of a public information sign and daily safety inspections and supplements the information contained in Commissioner's Bulletin No. B-0004-00 dated January 14, 2000, regarding quarterly injury reports. For wording and other requirements of the public information sign, please refer to §5.9006 of the enclosed rules.
Alexis Dick
Deputy Commissioner
Inspections Division
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