SECTION 5.9002. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings.

(1) Act--The Amusement Ride Safety Inspection and Insurance Act (Title 13, Occupations Code, Chapter 2151).

(2) Amusement ride--Any mechanical, gravity, or water device or devices that carry or convey passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement, but such term does not include:

(A) any coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator;

(B) nonmechanized playground equipment, including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, playground slides, trampolines, and physical fitness devices; or

(C) a challenge course or any part of a challenge course, as defined in §2151.107 of the Act to mean a challenge, ropes, team building, or obstacle course that is constructed and used for educational, team and confidence building, or physical fitness purposes, if the person who operates the challenge course has an 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 operator against liability for injury to persons arising out of the use of the challenge course, in an amount not less than:

(i) for facilities with a fixed location:

(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; and

(ii) for facilities other than those with a fixed location:

(I) $1,000,000 bodily injury and $500,000 property damage per occurrence; or

(II) $1,500,000 per occurrence combined single limit.

(3) ASTM--The American Society for Testing and Materials.

(4) Class A amusement ride--An amusement ride with a fixed location and designed primarily for use by children 12 years of age or younger.

(5) Class B amusement ride--Any amusement ride not defined as a Class A amusement ride.

(6) Class B motorized train amusement ride--A Class B amusement ride that:

(A) consists of a motorized vehicle that tows one or more separate passenger cars in a manner similar to a train but without regard to whether the vehicle and cars operate on a fixed track or course;

(B) does not travel under its own power in excess of five miles per hour;

(C) has safety belts for all passengers;

(D) does not run on an elevated track;

(E) has passenger seating areas enclosed by guardrails or doors; and

(F) does not have passenger cars that rotate independently from the motorized vehicle.

(7) Commissioner--The Commissioner of Insurance.

(8) Inspector--A person qualified by training, education, or experience to conduct safety inspections of amusement rides or devices on behalf of an insurance company and in accordance with the American Society for Testing and Materials (ASTM), the manufacturer's standards and criteria, or standards established by the insurance company.

(9) Inspection--A procedure to be conducted by an inspector to determine whether an amusement ride or device is being assembled, maintained, tested, operated, and inspected in accordance with the current ASTM standards, the manufacturer's, or insurer's standards, whichever is the most stringent, and that determines the current operational safety of the ride or device.

(10) Interlocal agreement--An interlocal contract as defined in Government Code §791.003(2).

(11) Local government--A county, municipality, or special district; a junior college district, or other political subdivision of this state or another state; a local government corporation created under Transportation Code Subchapter D, Chapter 431; a political subdivision corporation created under Local Government Code Chapter 304; a local workforce development board created under Government Code §2308.253; or a combination of two or more of such entities.

(12) Mobile amusement ride--An amusement ride that is designed or adapted to be moved from one location to another and is not fixed at a single location.

(13) Owner/operator--The person or entity responsible for an amusement ride and his or its agents or representatives. A separate reference to owner or operator shall be deemed to include owner/operator.

(14) TDI--The Texas Department of Insurance.

Source Note: The provisions of this §5.9002 adopted to be effective November 9, 1984, 9 TexReg 5543; amended to be effective February 24, 1989, 14 TexReg 793; amended to be effective September 29, 1993, 18 TexReg 6315; amended to be effective May 4, 2000, 25 TexReg 3787; amended to be effective November 3, 2005, 30 TexReg 7049; amended to be effective March 6, 2008, 33 TexReg 1815