Current through Reg. 50, No. 13; March 28, 2025
(a)
Operational Requirements. An owner/operator may not operate an amusement ride
unless the owner/operator has satisfied and is continuing to satisfy the
requirements in subsections (a) - (f) of this section.
(b) Insurance. The owner/operator must file
with TDI the insurance policy or a photocopy of the insurance policy certifying
that the policy is a true copy of the insurance policy provided to the insured
as required by Occupations Code Chapter 2151, concerning Regulation of
Amusement Rides.
(1) Occupations Code §
2151.101, concerning
Requirements for Operation, requires that any person who operates an amusement
ride must have currently in force a combined single limit or split limit
insurance policy written by an insurance company authorized to do business in
this state or by a surplus lines insurer, as defined by Insurance Code Chapter
981, concerning Surplus Lines Insurance, or have an independently procured
policy subject to Insurance Code Chapter 101, concerning Unauthorized
Insurance, insuring the owner or operator against liability for injury to
persons arising out of 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) $150,000 per occurrence combined single
limit with a $300,000 annual aggregate;
(B) for Class B amusement rides, except for
Class B motorized train 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.
(2) Occupations Code §
2151.1011,
concerning Liability Insurance for Certain Amusement Rides, requires that any
person who operates a Class B motorized train amusement ride must have an
insurance policy currently in effect written by an insurance company authorized
to conduct business in this state or by a surplus lines insurer, as defined by
Insurance Code Chapter 981, or have an independently procured policy subject to
Insurance Code Chapter 101, 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 $1 million in aggregate for all liability claims occurring in
a policy year.
(3) A local
government may satisfy the insurance requirements prescribed by paragraphs (1)
and (2) of this subsection by obtaining liability coverage through an
interlocal agreement.
(4) The policy
or certified photocopy of the policy must be complete, including all applicable
coverage forms and endorsements. Certificates of insurance will not be
acceptable for this purpose.
(5)
The policy must contain a schedule listing by name and serial number if
applicable to each amusement ride insured by the policy. In the event of
additions or deletions of amusement rides during the policy term, such changes
must be shown on a change endorsement, a copy of which must be submitted to
TDI. Additions will also require an inspection certificate (TDI Form AR-100
(Amusement Ride Certificate of Inspection/Reinspection), revised effective
February 2022) and a $40 fee for each amusement ride to be submitted to TDI
before any operation of the added amusement ride. Additions or deletions must
be filed not later than 10 days after the change.
(6) In the event of policy cancellation by
either the insured owner/operator or the insurance company, the company must
furnish notice of cancellation to TDI as soon as possible, but not later than
10 days before the cancellation.
(7) The owner/operator will provide to any
sponsor, lessor, landowner, or other person responsible for an amusement ride
offered for use by the public a photocopy of the inspection certificate and the
insurance policy required by this section.
(8) If the owner/operator obtains an
additional amusement ride device, the ride must be added to the insurance
policy and a copy of the endorsement submitted to TDI along with the required
inspection certificate (TDI Form AR-100) and the $40 fee before operation in
Texas.
(c)
Inspection/Reinspection Certificate. The owner/operator must also file the
original amusement ride inspection certificate (TDI Form AR-100) certifying
with respect to each amusement ride the matters required by the Act. A separate
inspection certificate is required for each amusement ride that shows the
ride's name, serial number, and manufacturer, as well as the inspector's name,
the owner/operator, a picture of the ride in an operable state taken at the
time of the inspection, and other information as requested. The serial number,
name, and description of the amusement ride must coincide with the same
information identified on the insurance policy. If major components of the ride
(for example, the crane used in a bungee operation) are interchangeable, then
the name, serial number, and manufacturer of the inspected component must be
included on the inspection certificate. The inspection certificate is valid for
a period of one year, and for expedience in processing, it should, if possible,
coincide with the effective date of the insurance policy. The inspection must
be conducted by the insurer or a person with whom the insurer has contracted.
The inspector must provide both the insurer and owner/operator with a written
certificate that the inspection has been made and that the amusement ride meets
the standards for coverage.
(1) The
inspection certificate may not be submitted to TDI until all discrepancies have
been resolved and all necessary repair(s) or replacement(s) required for the
amusement ride to meet the standards for coverage have been made.
(2) The inspection required by Occupations
Code §
2151.101(a)
must include a method to test the stress- and wear-related damage of critical
parts of a ride that the manufacturer of the amusement ride determines are
reasonably subject to failure as the result of stress and wear and could cause
injury to a member of the public as a result of a failure. The inspection must
include a review of the owner/operator's daily inspection records and
inspection and maintenance program in accordance with ASTM practice or the
manufacturer's guidelines/inspection criteria. The inspection must be conducted
with the amusement ride or device in an operable state and include an
evaluation of the device for a minimum of one complete operating
cycle.
(3) If the amusement ride or
device consists of interchangeable major components, such as cranes used in
bungee jumping operations, the crane or major component used during the
inspection is considered an integral part of the amusement ride and the
inspection certificate must include the manufacturer and serial number of the
crane or major component inspected with the amusement ride. If the inspected
crane or major component is replaced by another unit, a new inspection is
required to include the new identification and serial number of the replacement
unit.
(4) Any bungee jumping
amusement device must include a safety net or air bag as an integral part of
the ride. The safety net or air bag must be of sufficient size to cover the
jump zone. The safety net or air bag must be rated for the maximum free-fall
height possible from the jump platform used. If the jump area is over water,
the water must be of sufficient depth to provide an adequate safety cushion.
The safety net or air bag must be inspected as an integral part of the
amusement ride.
(5) The inspection
certificate must be signed by a representative of the insurer.
(6) If the amusement ride or device does not
meet the inspection standards, the amusement ride may not be operated until all
necessary repair(s) and/or replacement(s) have been made and the ride
reinspected and an inspection/reinspection certificate issued.
(7) It is the responsibility of the amusement
ride owner/operator to complete the following before any operation of the ride:
(A) to request the insurer to certify that
the insurance policy and the inspection certificate are true copies by an
official of the insurer;
(B) to
receive the completed policy and inspection certificate from the insurer if
they elect to provide coverage; and
(C) to submit a certified copy of the
insurance policy, the original inspection certificate, and the fee to TDI for
review. A planning factor of 10 days should be allowed for TDI review and
approval before any operation of the ride. Errors of omission or commission on
either the policy or inspection certificate may delay TDI
approval.
(8) Immediately
after any injury or death involving equipment failure, structural failure, or
operator error, the amusement ride/device must be closed for public use until a
new inspection is performed and an inspection/reinspection certificate is
submitted to TDI.
(9) In addition to
the requirements of paragraphs (7) and (8) of this subsection, a mobile
amusement ride on which a death occurs may not be operated until the
requirements of Occupations Code §
2151.1526,
concerning Prohibition of Mobile Amusement Ride Operation, are met.
(10) In addition to the requirements of this
subsection, an amusement ride whose operation has been prohibited by a
municipal, county, or state law enforcement official under Occupations Code
§
2151.152, concerning
Other Enforcement Actions, or §2151.1525, concerning Prohibition of
Amusement Ride Operation, may not be operated until the requirements of that
section are met. Any on-site corrections that are made under the requirements
of Occupations Code §
2151.1525 must be
presented to the appropriate municipal, county, or state law enforcement
official.
(11) TDI Form AR-100
(Amusement Ride Certificate of Inspection/Reinspection), revised effective
February 2022, is adopted by reference and must be used for each filing of an
amusement ride inspection certificate required by this section. This form is
published by TDI and copies of the form may be obtained from the Inspections
Office, MC: PC-INSP, Texas Department of Insurance, P.O. Box 12030, Austin,
Texas 78711-2030, or on TDI's website at
www.tdi.texas.gov/forms/formlisting.html.
(12) The inspection/reinspection certificate,
insurance policy, and fee must be submitted to the Inspections Office for
review. If the inspection/reinspection certificate and insurance policy meet
the requirements of this subchapter, the certificate will be date-stamped and
forwarded to the owner/operator with TDI Form AR-101 (Texas Amusement Ride
Compliance Sticker), effective May 2000, and adopted by reference. TDI Form
AR-101 will indicate the expiration date of the inspection certificate and must
be affixed to a major component of the amusement ride in a location visible to
the ride participants.
(13) The
records of the inspections required by this section will be made available for
inspection by any municipal, county, or state law enforcement official at the
location where the amusement ride is operated.
(d) Insurance Policy and Inspection
Certificate Renewal. Renewal of the policy or inspection certificate must be
completed with sufficient lead time to provide these documents to TDI with a
minimum of 10 working days to review and approve the documents before the
expiration of either the policy or the inspection certificate.
(1) In the event of policy cancellation or
expiration, the policy must promptly be replaced or renewed without any lapse
in coverage while the amusement ride is offered for use by the public. Any
operation without a valid and current insurance policy and current inspection
certificate constitutes an illegal operation and is subject to the enforcement
provisions and penalties under Occupations Code §§
2151.151, concerning
Injunction; 2151.152; 2151.1525; 2151.1526; and 2151.153, concerning Criminal
Penalties. The sponsor, lessor, landowner, or other person responsible for an
amusement ride offered for use by the public must be notified by the
owner/operator of the coverage discontinuance.
(2) A renewal certificate of insurance will
be acceptable for the purpose of this subsection, if the renewal certificate
shows:
(A) insurance coverage insuring the
owner or operator against liability arising out of the use of the amusement
ride/device in an amount of not less than:
(i) 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) $150,000 per occurrence combined single
limit with a $300,000 annual aggregate;
(ii) for Class B amusement rides, except for
Class B motorized train 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;
(iii) for Class B motorized train amusement
rides, $1,000,000 in aggregate for all liability claims occurring in a policy
year; and
(B) a policy
term that includes the period of time during which the amusement ride will be
offered for public use.
(e) Daily Inspections. In addition to the
inspection required under this section, the owner/operator who operates a
mobile amusement ride must perform and record daily inspections of the mobile
amusement ride including safety restraints on each mobile amusement ride.
(1) Records of the daily inspections must be
available for inspection by any municipal, county, or state law enforcement
official at the location where the amusement ride is operated, and the records
must be maintained with the amusement ride for a period of one year.
(2) The daily inspection record must include
an inspection of the following:
(A) safety
belts, bars, locks, and other passenger restraints;
(B) all automatic and manual safety
devices;
(C) signal systems,
brakes, and control devices;
(D)
safety pins and keys;
(E) fencing,
guards, barricades, stairways, and ramps;
(F) ride structure and moving
parts;
(G) tightness of bolts and
nuts;
(H) blocking, support braces,
and jackstands;
(I) electrical
equipment;
(J) lubrication as per
manufacturer's instructions;
(K)
hydraulic and/or pneumatic equipment;
(L) communication equipment necessary for
operation (if applicable);
(M)
operation of ride prior to opening through one complete cycle of proper
functioning; and
(N) any other
component that is included in the manufacturer's specific ride maintenance and
safety checks or current ASTM standards, or that the operator or person
performing the daily inspection deems necessary for
inspection.
(3) TDI adopts
and incorporates by reference TDI Form AR-300 (Texas Amusement Ride Safety
Inspection and Insurance Act Daily Inspection Record), revised effective May
2022. This form is published by TDI, and copies of the form may be obtained
from the Inspections Office, MC: PC-INSP, Texas Department of Insurance, P.O.
Box 12030, Austin, Texas 78711-2030, or on TDI's website at
www.tdi.texas.gov/forms/formlisting.html.
This form sets forth the inspection requirements of this subsection and also
includes the name of the device, location (city, state), date of the
inspection, manufacturer and serial number, and owner/operator. The form must
be signed by the person performing the daily inspection and the inspector's
supervisor.
(4) Daily inspection
record forms used by industry associations, individual operators, or individual
manufacturers may be used to fulfill the requirements of this subsection if the
forms contain all of the inspection items and elements set forth in this
subsection and the TDI Form AR-300.
(5) In addition to the requirements of this
subsection, the owner/operator who operates a mobile amusement ride must also
follow the manufacturer's specific checklist for specific ride maintenance and
safety checks.
(f)
Schedule of Operations. In addition to the inspection requirements of this
section, TDI Form AR-102 (Amusement Ride Schedule of Operations in Texas),
revised effective May 2022, which is adopted by reference, must be used to
provide a schedule of operating locations and dates for each six-month period
for mobile operations. This form is published by TDI, and copies of the form
may be obtained from the Inspections Office, MC: PC-INSP, Texas Department of
Insurance, P.O. Box 12030, Austin, Texas 78711-2030, or on TDI's website at
www.tdi.texas.gov/forms/formlisting.html.
This information must be provided by the owner/operator to the Inspections
Office, MC: PC-INSP, Texas Department of Insurance, P.O. Box 12030, Austin,
Texas 78711-2030, a minimum of 10 days before each six-month period. Any
changes in the schedule must be submitted on an amended TDI Form AR-102 to TDI
by the owner/operator within 10 days of the change.
