Section 5.9002 - DefinitionsThe 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.28 Tex. Admin. Code § 5.9002
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 by Texas Register, Volume 49, Number 43, October 25, 2024, TexReg 8587, eff. 11/3/2024