HB3481 - Relating to the regulation of trampoline courts; providing injunctive relief.

  89R8793 BEE-F     By: Turner H.B. No. 3481       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of trampoline courts; providing   injunctive relief.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 13, Occupations Code, is   amended by adding Chapter 2152 to read as follows:   CHAPTER 2152. REGULATION OF TRAMPOLINE COURTS   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 2152.001.  DEFINITIONS. In this chapter:                 (1)     "Commissioner" means the commissioner of   insurance.                 (2)     "Department" means the Texas Department of   Insurance.                 (3)     "Operator" means a person who supervises or   directly controls the operations of a trampoline court.                 (4)     "Owner" means a person who owns, leases, controls,   or manages the operations of a trampoline court.                 (5)     "Qualified inspector" means an individual who has   successfully completed qualified training from a third party, which   may include successful completion of a Level I certification issued   by the National Association of Amusement Ride Safety Officials or a   Level I certification issued by the Amusement Industry   Manufacturers and Suppliers International.                 (6)     "Trampoline court" means a commercial facility   with a defined area containing one or more trampolines, a series of   institutional trampolines, a trampoline court foam pit, or a series   of trampoline court foam pits.   The term does not include a   gymnastic training facility that only uses trampolines or   trampoline court foam pits during the supervised instruction of   gymnastic skills.                 (7)     "Trampoline court foam pit" means a   combination-style dismount area filled with loose,   impact-absorbing foam blocks.   SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES           Sec.   2152.051.     GENERAL POWERS AND DUTIES. The commissioner   shall administer and enforce this chapter.             Sec.   2152.052.     INFORMATION REQUEST. (a)     The department   may request from the owner or operator of a trampoline court open to   the public information concerning whether the trampoline court   insurance required by this chapter is in effect.           (b)     The person shall respond to the information request not   later than the 30th day after the date the department submits the   request.   SUBCHAPTER C. OPERATION OF TRAMPOLINE COURTS           Sec.   2152.101.     REQUIREMENTS FOR OPERATION. (a)     A person   may not operate a trampoline court unless the person:                 (1)     has a qualified inspector inspect the trampoline   court at least once each year;                 (2)     obtains written certification from the insurer or   contracted person stating the trampoline court:                       (A)  has been inspected; and                       (B)  meets the standards for insurance coverage;                 (3)     has in effect a combined single limit or a split   limit insurance policy written by an insurance company authorized   to conduct business in this state or by an eligible surplus lines   insurer, as defined by Section 981.002, 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 trampoline court in an   amount of not less than $1 million in aggregate for all liability   claims occurring in a policy year; and                 (4)     files with the commissioner, as required by this   chapter, the inspection certificate and the insurance policy or a   photocopy of the certificate or policy authorized by the   commissioner.           (b)     The inspection certificate and the insurance policy   must be filed with the department:                 (1)  before July 1 of each year; or                 (2)     for a trampoline court inspected more than once a   year, not later than the 15th day after the date of each inspection.           (c)     A local government may satisfy the insurance   requirement prescribed by Subsection (a) by obtaining liability   coverage through an interlocal agreement.           Sec.   2152.102.     INSPECTION REQUIREMENTS; MINIMUM STANDARDS.     (a)     The inspection required by this chapter must determine whether   a trampoline court is designed, constructed, installed,   maintained, operated, and repaired in accordance with the ASTM   International standards adopted by the ASTM International   Committee F24, as published in the Annual Book of ASTM Standards,   Volume 15.07.           (b)     A trampoline court may not be operated in this state   unless nondestructive testing of the trampoline court has been   conducted, as applicable:                 (1)     in accordance with the recommendations of the   trampoline court's manufacturer; or                 (2)     in conformance with standards at least equivalent   to those of the standards adopted by the ASTM International   Committee F24, as published in the Annual Book of ASTM Standards,   Volume 15.07.           (c)     If at any time an inspection demonstrates a trampoline   court fails to satisfy the minimum standards required under this   section, the inspector shall notify the owner or operator.           (d)     If the inspector determines repair or replacement of   equipment is required, the owner or operator is responsible for the   repair or installation of the replacement equipment before the   trampoline court is open to the public.           Sec.   2152.103. INJURY REPORTS.   (a)     In this section,   "serious injury" means an injury that results in death,   dismemberment, significant disfigurement, or permanent loss of the   use of a body organ, member, function, or system.           (b)     An owner or operator shall file with the department an   injury report for any accident resulting in serious injury from   operation of the trampoline court.   The injury report form must be   faxed or delivered to the department not later than 48 hours after   the owner or operator becomes aware of the serious injury.           (c)     The injury report shall be submitted on a form   prescribed by the commissioner and must include a description of   each serious injury caused by the trampoline court.           (d)     The commissioner shall adopt rules requiring an owner or   operator to post a sign informing the public of the procedure for   reporting a serious injury occurring at the trampoline court.           Sec.   2152.104.     SAFETY INSTRUCTIONS SIGN. A person may not   operate a trampoline court in this state unless the person posts a   sign containing all safety instructions for the trampoline court.     The sign must be posted conspicuously on or near the trampoline   court in a location where the sign can be easily read.   SUBCHAPTER D. PATRON RESPONSIBILITY           Sec.   2152.151.     DEFINITION. In this subchapter, "inherent   risk" means a danger or condition that is an integral part of an   activity occurring at a trampoline court.           Sec.   2152.152.     PATRONS OF TRAMPOLINE COURTS; ACCEPTANCE OF   RISK; DUTIES.   (a)     Each patron of a trampoline court by   participation accepts the inherent risks of that participation for   which an ordinary prudent person is or should be aware.           (b)  Each patron of a trampoline court has a duty to:                 (1)     exercise the judgment and act in the manner of an   ordinary prudent person while participating in a trampoline court;                 (2)     obey all written and oral instructions and   warnings before and during participation in a trampoline court;                 (3)     refrain from participation in a trampoline court   while under the influence of alcohol or drugs;                 (4)  engage all provided safety devices; and                 (5)     refrain from disconnecting or disabling any safety   device except at the express direction of the owner's agent or   employee.           (c)     The parent or guardian of a patron who is a minor shall   reasonably ensure the patron complies with all provisions of this   section.           Sec.   2152.153.     CLAIMS FOR INHERENT RISK. Notwithstanding   any provision of this chapter, if a patron files a claim against an   operator for an injury resulting from an inherent risk, the   operator may raise as a defense the operator's compliance with   minimum standards under Section 2152.102 and the signage   requirement under Section 2152.104.   SUBCHAPTER E. ENFORCEMENT PROVISIONS           Sec.   2152.201.     ENFORCEMENT ACTIONS. (a)     The commissioner   or the attorney general in conjunction with the commissioner may   determine compliance with Subchapter C and may bring an action to   enforce this chapter.           (b)     The operator of a trampoline court shall immediately   provide the inspection certificate and the insurance policy   required by Section 2152.101 to a state law enforcement official   requesting the information. A photocopy of the inspection   certificate or insurance policy may be provided instead of the   certificate or policy.           Sec.   2152.202.     INJUNCTION. (a)     The district attorney of a   county in which a trampoline court is operated, or on request of the   commissioner or the attorney general, may seek an injunction   against a person operating a trampoline court in violation of the   minimum standards established under Section 2152.102.           (b)     If a trampoline court's operation is prohibited for   noncompliance with minimum standards under Section 2152.102, a   person may not operate the trampoline court until a qualified   inspector:                 (1)     reinspects the trampoline court as required by   Section 2152.102; and                 (2)     delivers to the commissioner or the commissioner's   designee and the appropriate law enforcement official a   reinspection certificate that:                       (A)  states the required reinspection occurred;                       (B)     states the trampoline court satisfies   coverage standards and is in compliance with the insurance   requirements under Section 2152.101; and                       (C)     explains any necessary repairs of the   trampoline court after the trampoline court's operation was   prohibited.          SECTION 2.  The commissioner of insurance shall adopt ru [Text truncated for display. 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