Bill Text: TX HB2252 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the regulation of trampoline courts; authorizing fees; creating criminal offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-09 - Referred to Insurance [HB2252 Detail]

Download: Texas-2023-HB2252-Introduced.html

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88R7477 PRL-D
By: Turner H.B. No. 2252

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of trampoline courts; authorizing fees;
creating criminal offenses.
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) "Trampoline court" means a commercial facility
with a defined area containing one or more trampolines, a series of
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.
(4) "Trampoline court foam pit" means a trampoline
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. FEES. The commissioner may assess fees in
the amounts reasonable and necessary to cover the costs of
administering this chapter, not to exceed $40 per year, for each
trampoline court subject to this chapter.
Sec. 2152.053. INFORMATION REQUEST. (a) The department
may request from a person operating a trampoline court or a sponsor,
lessor, landowner, or other person responsible for offering the use
of a trampoline court to the public information concerning whether
the trampoline court is subject to the insurance requirements of
this chapter.
(b) The person shall respond to the information request not
later than the 15th day after the date the department makes 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 the trampoline court inspected at least once a
year by an insurer or a person with whom the insurer contracts;
(2) obtains written certification from the insurer or
contracted person stating that the trampoline court:
(A) has been inspected;
(B) meets the standards for insurance coverage;
and
(C) is covered by the insurance required by
Subdivision (3);
(3) has 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 Chapter 981,
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 not less than a $500,000 per
occurrence combined single limit with $1 million in aggregate for
all liability claims occurring in a policy year;
(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; and
(5) files with each sponsor, lessor, landowner, or
other person responsible for offering the use of the trampoline
court to the public a photocopy of the inspection certificate and
the insurance policy required by this subsection.
(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.
(d) A person operating a trampoline court shall satisfy the
reporting requirements of Section 2151.103 as applied to the
trampoline court.
SUBCHAPTER D. ENFORCEMENT PROVISIONS
Sec. 2152.151. PROHIBITION OF TRAMPOLINE COURT OPERATION.
(a) A municipal, county, or state law enforcement official may
immediately prohibit operation of a trampoline court if:
(1) the operator of the trampoline court is unable to
provide the inspection certificate and the insurance policy
required by Section 2152.101 or a photocopy of the inspection
certificate or insurance policy;
(2) the law enforcement official reasonably believes
the trampoline court is not in compliance with Section 2152.101; or
(3) the operation of the trampoline court, conduct of
a person operating the trampoline court, or any other circumstance
causes the law enforcement official to reasonably believe that the
trampoline court is unsafe or the safety of a person on the
trampoline court is threatened.
(b) If the operation of a trampoline court is prohibited
under Subsection (a)(1) or (2), a person may not operate the
trampoline court unless:
(1) the operator presents to the appropriate
municipal, county, or state law enforcement official proof of
compliance with Section 2152.101; or
(2) the commissioner or the commissioner's designee
determines that on the date the trampoline court's operation was
prohibited the operator had on file with the department the
documents required by Section 2152.101 and issues a written
statement permitting the trampoline court to resume operation.
(c) If on the date a trampoline court's operation is
prohibited under Subsection (a)(3) the trampoline court is not in
compliance with Section 2152.101, a person may not operate the
trampoline court until after the person subsequently complies with
Section 2152.101.
(d) If on the date a trampoline court's operation is
prohibited under Subsection (a)(3) the trampoline court is in
compliance with Section 2152.101, a person may not operate the
trampoline court until:
(1) on-site safety 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 trampoline court to resume operation; or
(3) an insurance company insuring the trampoline court
on the date the trampoline court's operation was prohibited:
(A) reinspects the trampoline court in the same
manner required by Section 2152.101; 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 trampoline court
meets coverage standards and is covered by insurance in compliance
with Section 2152.101; and
(iii) explaining any necessary repairs made
to the trampoline court after its operation was prohibited.
Sec. 2152.152. CRIMINAL OFFENSES. (a) A person commits an
offense if the person fails to comply with any requirement of:
(1) Section 2151.103, 2152.101, or 2152.151(b), (c),
or (d); or
(2) a rule adopted by the commissioner.
(b) A person commits an offense if the person:
(1) is a sponsor, lessor, landowner, or other person
responsible for offering the use of a trampoline court to the
public; and
(2) does not provide the information required under
Section 2152.053 or provides false information under Section
2152.053.
(c) An offense under this section is a Class B misdemeanor.
(d) Each day a violation of this chapter is committed
constitutes a separate offense.
(e) The prosecuting attorney in a case in which a person is
convicted of an offense under this section shall report the offense
to the department not later than the 90th day after the date of the
conviction.
SECTION 2. The commissioner of insurance shall adopt rules
necessary to implement Chapter 2152, Occupations Code, as added by
this Act, not later than December 1, 2023.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect December 1, 2023.
(b) Section 2 of this Act takes effect September 1, 2023.