TX Department of Insurance Amusement Division

To:  Texas Elected Officials

Amusement Ride Safety Concern

The Amusement Ride Safety Inspection and Insurance Act, Texas Occupations Code, Chapter 2151 has been State Law in its current form since 2007 and continues to go unenforced by the Texas Department of Insurance (TDI). This act mandates that operators of amusement devices, including inflatable moonwalks, slides and games carry a general liability insurance policy to legally operate in the State of Texas.

The following concerns are raised due to the lack of enforcement authority:

#1 Public Safety Concern – The uninsured operators are not held to safety standards that the insurance industry requires to maintain coverage. Serious injuries and fatalities have been reported.

#2 Financial disadvantage – The operators that are paying tens of thousands of dollars for a liability policy are unable to offer comparable rates to the uninsured operators. This has caused many to simply ignore the law rather than go out of business. The operators that are trying to comply are unable to maximize the growth of their businesses in an unlevel playing field.

#3 Liability for the State of Texas – By not providing an enforcement outlet for the laws, the State has possibly opened itself up to assume the liability of the actions of the uninsured.

Texas Department of Insurance
Self-Evaluation Report 2007
• The Amusement Ride Safety Inspection and Insurance Act (Act), Texas Occupations Code, Chapter 2151, gives TDI regulatory authority, along with 28 TAC, §§ 5.9001-5.9014. The Act, however, failed to give TDI any enforcement authority other than to refer non-compliant operators to either local, county, state law enforcement and/or the OAG. Enforcement suggests that the act should be amended to give TDI some enforcement tools such as to revoke permits, levy fines and to issue immediate cease and desist orders to shut down illegal operators.



We (concerned parents and amusement operators) call for the enforcement of the Act or reassignment of responsibility to a State Agency that has the resources for enforcement. Please do not wait for a high-profile incident to act.

Sincerely,

The Undersigned

The TX Department of Insurance Amusement Division Petition to Texas Elected Officials was created by Concerned Parents and Business Owners and written by Kevin Baldree (tdipetition@yahoo.com).  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.