Turner Trampoline Bill Gives Parks A Lawsuit Defense

The text as introduced · 1,476 words

89R8793 BEE-F

By: Turner
H.B. No. 3481

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of trampoline courts; providing

injunctive relief.

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) "Operator" means a person who supervises or

directly controls the operations of a trampoline court.

(4) "Owner" means a person who owns, leases, controls,

or manages the operations of a trampoline court.

(5) "Qualified inspector" means an individual who has

successfully completed qualified training from a third party, which

may include successful completion of a Level I certification issued

by the National Association of Amusement Ride Safety Officials or a

Level I certification issued by the Amusement Industry

Manufacturers and Suppliers International.

(6) "Trampoline court" means a commercial facility

with a defined area containing one or more trampolines, a series of

institutional 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.

(7) "Trampoline court foam pit" means a

combination-style 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. INFORMATION REQUEST. (a) The department

may request from the owner or operator of a trampoline court open to

the public information concerning whether the trampoline court

insurance required by this chapter is in effect.

(b) The person shall respond to the information request not

later than the 30th day after the date the department submits 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 a qualified inspector inspect the trampoline

court at least once each year;

(2) obtains written certification from the insurer or

contracted person stating the trampoline court:

(A) has been inspected; and

(B) meets the standards for insurance coverage;

(3) has in effect a combined single limit or a split

limit insurance policy written by an insurance company authorized

to conduct business in this state or by an eligible surplus lines

insurer, as defined by Section 981.002, 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 of not less than $1 million in aggregate for all liability

claims occurring in a policy year; and

(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.

(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.

Sec. 2152.102. INSPECTION REQUIREMENTS; MINIMUM STANDARDS.

(a) The inspection required by this chapter must determine whether

a trampoline court is designed, constructed, installed,

maintained, operated, and repaired in accordance with the ASTM

International standards adopted by the ASTM International

Committee F24, as published in the Annual Book of ASTM Standards,

Volume 15.07.

(b) A trampoline court may not be operated in this state

unless nondestructive testing of the trampoline court has been

conducted, as applicable:

(1) in accordance with the recommendations of the

trampoline court's manufacturer; or

(2) in conformance with standards at least equivalent

to those of the standards adopted by the ASTM International

Committee F24, as published in the Annual Book of ASTM Standards,

Volume 15.07.

(c) If at any time an inspection demonstrates a trampoline

court fails to satisfy the minimum standards required under this

section, the inspector shall notify the owner or operator.

(d) If the inspector determines repair or replacement of

equipment is required, the owner or operator is responsible for the

repair or installation of the replacement equipment before the

trampoline court is open to the public.

Sec. 2152.103. INJURY REPORTS. (a) In this section,

"serious injury" means an injury that results in death,

dismemberment, significant disfigurement, or permanent loss of the

use of a body organ, member, function, or system.

(b) An owner or operator shall file with the department an

injury report for any accident resulting in serious injury from

operation of the trampoline court. The injury report form must be

faxed or delivered to the department not later than 48 hours after

the owner or operator becomes aware of the serious injury.

(c) The injury report shall be submitted on a form

prescribed by the commissioner and must include a description of

each serious injury caused by the trampoline court.

(d) The commissioner shall adopt rules requiring an owner or

operator to post a sign informing the public of the procedure for

reporting a serious injury occurring at the trampoline court.

Sec. 2152.104. SAFETY INSTRUCTIONS SIGN. A person may not

operate a trampoline court in this state unless the person posts a

sign containing all safety instructions for the trampoline court.

The sign must be posted conspicuously on or near the trampoline

court in a location where the sign can be easily read.

SUBCHAPTER D. PATRON RESPONSIBILITY

Sec. 2152.151. DEFINITION. In this subchapter, "inherent

risk" means a danger or condition that is an integral part of an

activity occurring at a trampoline court.

Sec. 2152.152. PATRONS OF TRAMPOLINE COURTS; ACCEPTANCE OF

RISK; DUTIES. (a) Each patron of a trampoline court by

participation accepts the inherent risks of that participation for

which an ordinary prudent person is or should be aware.

(b) Each patron of a trampoline court has a duty to:

(1) exercise the judgment and act in the manner of an

ordinary prudent person while participating in a trampoline court;

(2) obey all written and oral instructions and

warnings before and during participation in a trampoline court;

(3) refrain from participation in a trampoline court

while under the influence of alcohol or drugs;

(4) engage all provided safety devices; and

(5) refrain from disconnecting or disabling any safety

device except at the express direction of the owner's agent or

employee.

(c) The parent or guardian of a patron who is a minor shall

reasonably ensure the patron complies with all provisions of this

section.

Sec. 2152.153. CLAIMS FOR INHERENT RISK. Notwithstanding

any provision of this chapter, if a patron files a claim against an

operator for an injury resulting from an inherent risk, the

operator may raise as a defense the operator's compliance with

minimum standards under Section 2152.102 and the signage

requirement under Section 2152.104.

SUBCHAPTER E. ENFORCEMENT PROVISIONS

Sec. 2152.201. ENFORCEMENT ACTIONS. (a) The commissioner

or the attorney general in conjunction with the commissioner may

determine compliance with Subchapter C and may bring an action to

enforce this chapter.

(b) The operator of a trampoline court shall immediately

provide the inspection certificate and the insurance policy

required by Section 2152.101 to a state law enforcement official

requesting the information. A photocopy of the inspection

certificate or insurance policy may be provided instead of the

certificate or policy.

Sec. 2152.202. INJUNCTION. (a) The district attorney of a

county in which a trampoline court is operated, or on request of the

commissioner or the attorney general, may seek an injunction

against a person operating a trampoline court in violation of the

minimum standards established under Section 2152.102.

(b) If a trampoline court's operation is prohibited for

noncompliance with minimum standards under Section 2152.102, a

person may not operate the trampoline court until a qualified

inspector:

(1) reinspects the trampoline court as required by

Section 2152.102; and

(2) delivers to the commissioner or the commissioner's

designee and the appropriate law enforcement official a

reinspection certificate that:

(A) states the required reinspection occurred;

(B) states the trampoline court satisfies

coverage standards and is in compliance with the insurance

requirements under Section 2152.101; and

(C) explains any necessary repairs of the

trampoline court after the trampoline court's operation was

prohibited.

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, 2025.

SECTION 3. (a) Except as provided by Subsection (b) of this

section, this Act takes effect December 1, 2025.

(b) Section 2 of this Act takes effect September 1, 2025.