The following words and terms, when used in this subchapter,
have the following meanings.
(1) Act--The Amusement Ride Safety Inspection and Insurance
Act, (Occupations Code Chapter 2151, concerning Regulation of Amusement
Rides).
(2) Amusement ride--As defined in Occupations Code §2151.002,
concerning Definitions.
(3) ASTM--The American Society for Testing and Materials.
(4) Class A amusement ride--As defined in Occupations
Code §2151.002.
(5) Class B amusement ride--As defined in Occupations
Code §2151.002.
(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
5 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
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), concerning Definitions.
(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, Chapter 431, Subchapter D, concerning Local
Government Corporations; a political subdivision corporation created
under Local Government Code Chapter 304, concerning Energy Aggregation
Measures for Local Governments; a local workforce development board
created under Government Code §2308.253, concerning Creation
of Local Workforce Development Boards; or a combination of two or
more of such entities.
(12) Mobile amusement ride--As defined in Occupations
Code §2151.002.
(13) Owner/operator--The person or entity responsible
for an amusement ride and that person or entity's agents or representatives.
A separate reference to owner or operator is deemed to include owner/operator.
(14) TDI--The Texas Department of Insurance.
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| 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; amended to be effective November 3, 2024, 49 TexReg 8587 |
