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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER JRULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT
RULE §5.9012Denial of Entry to Amusement Rides; Prohibiting Operation of Amusement Rides

(a) The owner/operator of an amusement ride or device must have the ability to view patrons so that no one is permitted on a ride or device who appears to be in an intoxicated, drugged, or other condition of health that could be detrimental to the safety of the patron, other patrons, the operator, or spectators.

(b) The owner/operator must exercise reasonable control to prohibit the wearing of improper attire or lack of attire as deemed appropriate for the ride or device.

(c) The owner/operator must prohibit the carrying of any article that might be dropped or thrown from the ride or device.

(d) The restrictions in this section and others that will preclude participation on an amusement ride or device must be posted in plain view at the entrance to the ride. No operator may waive these restrictions.

(e) A municipal, county, or state law enforcement official may enter and inspect without notice any amusement ride or device at any time to ensure public safety, and the owner/operator of an amusement ride must comply with the requirements of Occupations Code §2151.152, concerning Other Enforcement Actions, including providing copies of the inspection certificate and insurance policy and cooperating in the prohibiting of the operation of the amusement ride, if applicable.

(f) A municipal, county, or state law enforcement official may immediately prohibit operation of an amusement or device ride as set forth in Occupations Code §§2151.152; 2151.1525, concerning Prohibition of Amusement Ride Operation; or 2151.1526, concerning Prohibition of Mobile Amusement Ride Operation, and a person may not operate the amusement ride until the requirements of Occupations Code §§2151.152, 2151.1525, and 2151.1526 are met.


Source Note: The provisions of this §5.9012 adopted 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 November 3, 2024, 49 TexReg 8587

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