Texas § OC.2151.1525 - PROHIBITION OF AMUSEMENT RIDE OPERATION

§ OC.2151.1525. PROHIBITION OF AMUSEMENT RIDE OPERATION

PROHIBITION OF AMUSEMENT RIDE OPERATION. (a) Except as provided by Subsection (e), a municipal, county, or state law enforcement official may immediately prohibit operation of an amusement ride if: (1) the operator of the amusement ride is unable to provide the documents or a photocopy of the documents required by Section 2151.152 (c); (2) the law enforcement official reasonably believes the amusement ride is not in compliance with Section 2151.101 ; or (3) the operation of the amusement ride, conduct of a person operating the amusement ride, conduct of a person assembling the amusement ride if it is a mobile amusement ride, or any other circumstance causes the law enforcement official to reasonably believe that the amusement ride is unsafe or the safety of a passenger on the amusement ride is threatened. (b) If the operation of an amusement ride is prohibited under Subsection (a)(1) or (2), a person may not operate the amusement ride unless: (1) the operator presents to the appropriate municipal, county, or state law enforcement official proof of compliance with Section 2151.101 ; or (2) the commissioner or the commissioner's designee determines that on the date the amusement ride's operation was prohibited the operator had on file with the board the documents required by Section 2151.101 and issues a written statement permitting the amusement ride to resume operation. (c) If on the date an amusement ride's operation is prohibited under Subsection (a)(3) the amusement ride is not in compliance with Section 2151.101 , a person may not operate the amusement ride until after the person subsequently complies with Section 2151.101 . (d) If on the date an amusement ride's operation is prohibited under Subsection (a)(3) the amusement ride is in compliance with Section 2151.101 , a person may not operate the amusement ride until: (1) on-site corrections are made; (2) an order from a district judge, county judge, judge of a county court at law, justice of the peace, or municipal judge permits the amusement ride to resume operation; or (3) an insurance company insuring the amusement ride on the date the amusement ride's operation was prohibited: (A) reinspects the amusement ride in the same manner required by Section 2151.101 ; and (B) delivers to the commissioner or the commissioner's designee and the appropriate law enforcement official a reinspection certificate: (i) stating that the required reinspection has occurred; (ii) stating that the amusement ride meets coverage standards and is covered by insurance in compliance with Section 2151.101 ; and (iii) explaining the necessary repairs, if any, that have been made to the amusement ride after its operation was prohibited. (e) Subsection (a) does not apply to an amusement ride with a fixed location and operated at an amusement park that was attended by more than 200,000 customers in the year preceding the inspection under Section 2151.152 (b). Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff. Sept. 1, 2001.