Current through Reg. 50, No. 13; March 28, 2025
(a) An
owner/operator who operates an amusement ride (the operator) must maintain
accurate records of each injury caused by the ride in any state in which the
injury results in death or requires medical treatment. An injury is caused by
the ride if the injury occurs on the ride or is in any way associated with the
ride.
(1) TDI adopts and incorporates by
reference TDI Form AR-800 (Quarterly Injury Report Amusement Ride Safety
Inspection and Insurance Act), 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.
The operator must file an injury report on TDI Form AR-800 with TDI on a
quarterly basis and must include in the report a description of each verifiable
injury caused by a ride that results in death or an injury that requires
medical treatment.
(2) For purposes
of this section, the term "medical treatment" includes treatment (other than
first aid) administered by a physician or by registered professional personnel
under the standing orders of a physician.
(3) For purposes of this section, the term
"medical treatment" does not include first-aid treatment (one-time treatment
and subsequent observation of minor scratches, cuts, burns, splinters, and any
other minor injuries that do not ordinarily require medical care) even though
treatment is provided by a physician or by registered professional
personnel.
(4) The quarterly injury
report is not required of the operator for any quarter in which no reportable
injury occurs in any state.
(b) An owner/operator who operates an
amusement ride must maintain accurate records of any governmental action taken
in any state relating to that particular amusement ride, including an
inspection resulting in the repair or replacement of equipment used in the
operation of the amusement ride.
(1) TDI
adopts and incorporates by reference TDI Form AR-801 (Quarterly Governmental
Action Report Amusement Ride Safety Inspection and Insurance Act), 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/form13amusement.html.
The owner/operator must file a governmental action report on TDI Form AR-801
with TDI on a quarterly basis and must include in the report a description of
each governmental action taken in any state during the quarter covered by the
report relating to that particular amusement ride, including an inspection
resulting in the repair or replacement of equipment used in the operation of
the amusement ride.
(2) For
purposes of this section, the term "governmental action" includes an action in
the exercise of police power or in the exercise of constitutional, legislative,
administrative, or judicial powers conferred on federal, state, or local
government, and that results in any notification to the owner/operator relating
to the amusement ride, including notifications of any perceived deficiencies
regarding the safety of the amusement ride or the possibility of actual or
imminent noncompliance with applicable laws, or any action taken in an
administrative law forum or court of law, including private civil
lawsuits.
(3) The quarterly
governmental action report is not required of the owner/operator for any
quarter in which no reportable governmental action was taken in any
state.
(c) An
owner/operator who operates an amusement ride must maintain for not less than
two years at the location where the ride is operated, for inspection by a
municipal, county, or state law enforcement official, a photocopy of any
quarterly report required under subsection (a) or (b) of this section to be
filed with the commissioner.
