reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter F. Other Combative Sport Regulations › Section 2052.253. Kickboxing

Sec. 2052.253.  KICKBOXING.  A professional kickboxing event must be fought on the basis of the contestants' best efforts.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter F. Other Combative Sport Regulations › Section 2052.254. Elimination Tournaments

Sec. 2052.254.  ELIMINATION TOURNAMENTS.  An elimination tournament may not be conducted in this state.
Added by Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 17, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter G. Disciplinary Procedures; Penalties › Section 2052.3015. Promoter Penalty for Late License

Sec. 2052.3015.  PROMOTER PENALTY FOR LATE LICENSE.  A promoter who does not comply with Section 2052.115(1) in a timely manner is subject to a penalty under this chapter for each contestant who obtains a license less than 72 hours before an event in which the contestant is scheduled to participate.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 7.017, eff. Jan. 1, 2004.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter G. Disciplinary Procedures; Penalties › Section 2052.302. Withholding of Purse and Forfeiture of Purse

Sec. 2052.302.  WITHHOLDING OF PURSE AND FORFEITURE OF PURSE.  (a)  The executive director may order a promoter to withhold any purse or other funds payable to the holder of a license or registration under this chapter if it appears more likely than not that the holder has violated this chapter or a rule adopted under this chapter.
(b)  The promoter shall surrender any purse or funds withheld as provided by Subsection (a) to the executive director on demand.  Not later than the fifth working day after the event, the department shall notify in writing the promoter and any person from whom a sum was withheld of the date of a hearing to determine whether all or part of the purse or funds withheld should be forfeited to the state.  The hearing must be scheduled for a date not later than the 10th day after the date of the notice.  Not later than the 10th day after the date of the hearing, the executive director shall enter an order with findings of fact and conclusions of law determining whether all or part of the purse or funds should be forfeited.  Any funds not forfeited shall be distributed to the persons entitled to the funds.
(c)  Except as otherwise provided by this subchapter, a proceeding under this section shall be conducted in the manner provided by Chapter 2001, Government Code.
(d)  A person aggrieved by an order entered under this section may appeal the order by filing a petition in a district court in Travis County in the manner provided by Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.018, eff. Jan. 1, 2004;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.511, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter G. Disciplinary Procedures; Penalties › Section 2052.303. Civil Penalty; Injunction

Sec. 2052.303.  CIVIL PENALTY;  INJUNCTION.  (a)  A court may assess a civil penalty against a person who violates this chapter or a rule adopted under this chapter.  The amount of the penalty may not exceed $1,000 for each violation.
(b)  The attorney general or the department may file a civil suit to:
(1)  assess and recover a civil penalty under Subsection (a);  or
(2)  enjoin a person who violates or threatens to violate this chapter or a rule adopted under this chapter from continuing the violation or threat.
(c)  Venue for a suit filed under Subsection (b) is in a district court in Travis County.
(d)  A civil penalty assessed under this section shall be paid to this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter G. Disciplinary Procedures; Penalties › Section 2052.304. Petition for Review

Sec. 2052.304.  PETITION FOR REVIEW.  (a)  A person may seek review of a decision or an order of the executive director or the commission under this chapter by filing a petition for review in a district court in Travis County.
(b)  Chapter 2001, Government Code, governs any proceeding under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.019, 7.020(5), eff. Jan. 1, 2004.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter G. Disciplinary Procedures; Penalties › Section 2052.308. Appeal

Sec. 2052.308.  APPEAL.  (a)  The petitioner or executive director may appeal a final judgment of a court conducting a review under this subchapter in the same manner as a civil action.
(b)  The executive director is not required to file an appeal bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.069, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.515, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2101 - Consignment of Art Works › Section 2101.001. Short Title

Sec. 2101.001.  SHORT TITLE.  This chapter may be cited as the Artists' Consignment Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2101 - Consignment of Art Works › Section 2101.002. Definitions

Sec. 2101.002.  DEFINITIONS.  In this chapter:
(1)  "Art" means a commonly recognized art form, including a painting, sound recording of a musical performance, sculpture, drawing, work of graphic art, pottery, weaving, batik, macrame, or quilt.
(2)  "Art dealer" means a person in the business of selling works of art.
(3)  "Artist" means the creator of a work of art or, if the creator is dead, the creator's estate.
(4)  "Creditor" has the meaning assigned by Section 1.201, Business & Commerce Code.
(5)  "Person" means an individual, partnership, corporation, or association.
(6)  "Recording distributor" means a person who acquires a sound recording and sells the sound recording to another person for use or resale.
(7)  "Sound recording" means a tangible medium on which music or other sounds are recorded or otherwise stored, including a phonograph record, disc, tape, cassette, or other medium now existing or developed later on which music or other sounds are or can be recorded or otherwise stored or a copy or reproduction that duplicates in whole or in part the original.  The term does not include a medium on which the primary recorded information is information other than music or other sound, such as a motion picture or computer program, and that contains recorded sound as an integrated part of the primary recorded information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 233 (S.B. 846), Sec. 1, eff. May 27, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2101 - Consignment of Art Works › Section 2101.003. Consigned Art Exempt From Certain Liens or Claims

Sec. 2101.003.  CONSIGNED ART EXEMPT FROM CERTAIN LIENS OR CLAIMS.  (a)  Notwithstanding any provision of the Business & Commerce Code, a work of art delivered to an art dealer for exhibition or sale and the proceeds from the dealer's sale of the work of art are not subject to a claim, lien, or security interest of a creditor of the dealer.
(b)  This section applies to the proceeds of a sale of a work of art regardless of whether the art dealer or another person purchased the work.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2101 - Consignment of Art Works › Section 2101.004. Consigned Sound Recordings Exempt From Certain Liens or Claims

Sec. 2101.004.  CONSIGNED SOUND RECORDINGS EXEMPT FROM CERTAIN LIENS OR CLAIMS.  (a)  Notwithstanding any provision of the Business & Commerce Code, a sound recording delivered by the artist who produced the music or other sound on the recording to a recording distributor for sale and the proceeds from the recording distributor's sale of the sound recording are not subject to a claim, lien, or security interest of a creditor of the recording distributor.
(b)  Except as provided by Subsection (c), this section applies to the proceeds of a sale of a sound recording regardless of whether the recording distributor or another person purchased the recording.
(c)  This section does not apply to the proceeds of a sale of a sound recording if the artist delivered the recording to the recording distributor pursuant to a sale for which the artist has been paid in full.
Added by Acts 2005, 79th Leg., Ch. 233 (S.B. 846), Sec. 2, eff. May 27, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2102 - Collection of Royalties on Nondramatic Musical Works › Section 2102.001. Definitions

Sec. 2102.001.  DEFINITIONS.  In this chapter:
(1)  "Copyright owner" means the owner of a copyright of a nondramatic musical work recognized and enforceable under federal copyright laws (17 U.S.C. Section 101 et seq.).
(2)  "Performing rights society" means an association or corporation that licenses the public performance of nondramatic musical works for copyright owners, including the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc. (SESAC).
(3)  "Proprietor" means the owner or operator of a retail establishment in this state where the public may assemble and where nondramatic musical works may be performed, broadcast, or otherwise transmitted, including a restaurant, inn, bar, tavern, or other similar place of business.
(4)  "Royalty" means a fee payable to a performing rights society for public performance rights.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2102 - Collection of Royalties on Nondramatic Musical Works › Section 2102.002. Application of Chapter

Sec. 2102.002.  APPLICATION OF CHAPTER.  This chapter does not apply to:
(1)  a contract:
(A)  between a performing rights society and a broadcaster licensed by the Federal Communications Commission; or
(B)  with a cable operator, programmer, or other transmission service;
(2)  conduct engaged in for the enforcement of Section 641.054 and, to the extent applicable, Section 641.056, Business & Commerce Code; or
(3)  the owner of a copyright of a motion picture or an audiovisual work.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.30, eff. April 1, 2009.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2102 - Collection of Royalties on Nondramatic Musical Works › Section 2102.003. Required Disclosures

Sec. 2102.003.  REQUIRED DISCLOSURES.  A performing rights society may not contract or offer to contract for the payment of royalties by a proprietor unless, at the time of the offer or any subsequent time, but not later than 72 hours before the execution of the contract, the performing rights society provides the proprietor, in writing, the following:
(1)  rates and terms of royalties to be collected under the contract;
(2)  at the proprietor's request, the opportunity to review the most current available list of the members or affiliates represented by the society;
(3)  notice that the society will make available, on the proprietor's written request and at the proprietor's sole expense, the most current available list of the copyrighted musical works in the performing rights society's repertory;  and
(4)  notice that the society will identify the method for securing the list.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2102 - Collection of Royalties on Nondramatic Musical Works › Section 2102.004. Required Contract Terms

Sec. 2102.004.  REQUIRED CONTRACT TERMS.  A contract between a performing rights society and a proprietor for the payment of royalties executed in this state must:
(1)  be in writing;
(2)  be signed by the parties;  and
(3)  include the following information:
(A)  the proprietor's name and business address;
(B)  the name and location of each place of business to which the contract applies;
(C)  the name and address of the performing rights society;
(D)  the duration of the contract;  and
(E)  the rates and terms of royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of the contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2102 - Collection of Royalties on Nondramatic Musical Works › Section 2102.005. Improper Collections Practices

Sec. 2102.005.  IMPROPER COLLECTIONS PRACTICES.  A performing rights society or the society's agent or employee may not collect or attempt to collect from a proprietor licensed by that society a royalty payment except as provided by a contract executed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2102 - Collection of Royalties on Nondramatic Musical Works › Section 2102.006. Enforcement

Sec. 2102.006.  ENFORCEMENT.  A person aggrieved by a violation of this chapter may:
(1)  bring an action to recover actual damages and reasonable attorney's fees;  and
(2)  seek an injunction or other remedy available at law or in equity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2103 - Licensing and Performing Fees for Certain Recordings › Section 2103.001. Definition

Sec. 2103.001.  DEFINITION.  In this chapter, "playing a recording" includes performing, broadcasting, or televising a recording.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2103 - Licensing and Performing Fees for Certain Recordings › Section 2103.002. Reliance on Labeling Information

Sec. 2103.002.  RELIANCE ON LABELING INFORMATION.  A person playing a recording requiring the payment of a licensing or performing fee may rely on the information on the label of the recording for paying or accounting for the fees unless notice that complies with Section 2103.005 is given to the person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2103 - Licensing and Performing Fees for Certain Recordings › Section 2103.003. Assignment of Rights

Sec. 2103.003.  ASSIGNMENT OF RIGHTS.  An assignment or transfer of the rights to a licensing or performing fee for a recording is not binding on a person playing the recording unless a notice that complies with Section 2103.005 is given to the person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2103 - Licensing and Performing Fees for Certain Recordings › Section 2103.004. Discharge of Obligation

Sec. 2103.004.  DISCHARGE OF OBLIGATION.  A person's payment of a licensing or performing fee under the applicable agreement operates as a discharge of any other licensing or performing fee for the playing of a recording if the payment is made:
(1)  in reliance on the label information on the recording;  or
(2)  under the terms of the last notice received that complies with Section 2103.005.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2103 - Licensing and Performing Fees for Certain Recordings › Section 2103.005. Notice of Assignment or Transfer

Sec. 2103.005.  NOTICE OF ASSIGNMENT OR TRANSFER.  A notice of an assignment or transfer under this chapter must state, in writing:
(1)  the identity of the recording to which the notice applies;
(2)  the name and address of the assignee or transferee;  and
(3)  the effective date of the assignment or transfer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2104 - Regulation of Outdoor Music Festivals › Subchapter A. General Provisions › Section 2104.001. Definitions

Sec. 2104.001.  DEFINITIONS.  In this chapter:
(1)  "Outdoor music festival" means any form of musical entertainment provided by live performances that occurs on two or more consecutive days or on any two days during a three-day period if:
(A)  more than 5,000 persons attend any performance;
(B)  any performer or audience member is not within a permanent structure;  and
(C)  the performance occurs outside the boundaries of a municipality.
(2)  "Promoter" means a person who attempts to organize or promote an outdoor music festival, or to solicit funds for the organization or promotion of an outdoor music festival.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2104 - Regulation of Outdoor Music Festivals › Subchapter B. Promoter Registration › Section 2104.051. Promoter Registration

Sec. 2104.051.  PROMOTER REGISTRATION.  (a)  A promoter shall register with the county clerk of the county in which the outdoor music festival is to be held.
(b)  The registration must include:
(1)  the name and address of:
(A)  the promoter;  and
(B)  each of the promoter's associates or employees assisting in the promotion of the festival;  and
(2)  a statement indicating whether the promoter, or an associate or employee of the promoter, has been convicted of a crime involving the misappropriation of funds, theft, burglary, or robbery.
(c)  The promoter must submit a $5 registration fee with the registration.
(d)  The registration must be verified by the promoter and be based on the promoter's best information and belief.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2104 - Regulation of Outdoor Music Festivals › Subchapter C. Outdoor Music Festival Permit › Section 2104.101. Festival Permit Application

Sec. 2104.101.  FESTIVAL PERMIT APPLICATION.  (a)  A promoter shall, before the 60th day before the date the promoter holds an outdoor music festival, file a permit application with the county clerk of the county in which the festival is to be held.
(b)  The application must include:
(1)  the name and address of:
(A)  the promoter;  and
(B)  each of the promoter's associates or employees assisting in the promotion of the festival;
(2)  a financial statement of the promoter and a statement specifying the sources and amounts of capital being supplied for the festival;
(3)  a description of the festival location;
(4)  the name and address of the owner of the festival location;
(5)  a statement describing the terms and conditions of the agreement allowing the promoter to use the festival location;
(6)  the dates and times of the festival;
(7)  the maximum number of persons the promoter will allow to attend the festival;
(8)  a statement describing the promoter's plan to control the number of persons attending the festival;
(9)  a description of the agreement between the promoter and each performer who is scheduled to appear at the festival;  and
(10)  a complete statement describing the promoter's festival preparations to comply with the minimum standards of sanitation and health prescribed by Chapter 341, Health and Safety Code.
(c)  The promoter shall submit a $5 filing fee with the permit application.
(d)  The permit application must be verified by the promoter and be based on the promoter's best information and belief.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2104 - Regulation of Outdoor Music Festivals › Subchapter C. Outdoor Music Festival Permit › Section 2104.102. Health Report

Sec. 2104.102.  HEALTH REPORT.  (a)  On the filing of a permit application under Section 2104.101, the county clerk shall forward a copy of the application to the county health officer.
(b)  The county health officer shall make a written report to the commissioners court.  A report made under this subsection must:
(1)  state whether the county health officer believes that the preparations described in the application would, if carried out, be sufficient to:
(A)  protect the community and the persons attending the outdoor music festival from health dangers;  and
(B)  avoid a violation of Chapter 341, Health and Safety Code;  and
(2)  be filed with the county clerk before the second day before the date of the hearing on the permit application.
(c)  The county health officer shall be present at the hearing on the permit application and may be called to testify by a person having an interest in the permit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2104 - Regulation of Outdoor Music Festivals › Subchapter C. Outdoor Music Festival Permit › Section 2104.103. Hearing

Sec. 2104.103.  HEARING.  (a)  The commissioners court shall set a date and time for a hearing on the permit application.
(b)  The hearing must be held:
(1)  after the 15th day after the date the permit application is filed;  and
(2)  before the 30th day before the date set for the first performance of the outdoor music festival.
(c)  A promoter is entitled to at least 10 days notice before the hearing date.
(d)  Any person may appear at the hearing and testify for or against the grant of the permit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2104 - Regulation of Outdoor Music Festivals › Subchapter C. Outdoor Music Festival Permit › Section 2104.104. Decision on Permit Application

Sec. 2104.104.  DECISION ON PERMIT APPLICATION.  The commissioners court shall grant a permit application filed under Section 2104.101 unless, by a majority vote, the court finds, from a preponderance of the evidence presented at the hearing, that:
(1)  the permit application contains false or misleading information;
(2)  required information is omitted from the application;
(3)  the promoter does not have sufficient financial backing or stability to:
(A)  carry out the preparations described in the application;  or
(B)  ensure the faithful performance of the promoter's agreements;
(4)  the preparations described in the application are insufficient to:
(A)  protect the community or the persons attending the outdoor music festival from health dangers;  or
(B)  avoid a violation of Chapter 341, Health and Safety Code;
(5)  the times of the festival and the festival location create a substantial danger of congestion and disruption of other lawful activities in the immediate vicinity of the festival;
(6)  the preparations described in the application are insufficient to limit the number of persons attending the festival to the maximum number stated in the application;  or
(7)  the promoter does not have adequate agreements with performers to ensure with reasonable certainty that persons advertised to perform at the festival will appear.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2104 - Regulation of Outdoor Music Festivals › Subchapter C. Outdoor Music Festival Permit › Section 2104.105. Effect of Permit

Sec. 2104.105.  EFFECT OF PERMIT.  A permit issued under this chapter authorizes the promoter to hold an outdoor music festival at a specified location at specified times.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2104 - Regulation of Outdoor Music Festivals › Subchapter C. Outdoor Music Festival Permit › Section 2104.106. Permit Revocation

Sec. 2104.106.  PERMIT REVOCATION.  (a)  At any time before the fifth day before the date of the first performance of the outdoor music festival, the commissioners court may, after reasonable notice to the promoter and a hearing, revoke the permit on a finding, by a majority of the court, that:
(1)  the preparations for the event will not be completed in time for the first performance;  and
(2)  the failure to carry out the preparations will result in a serious threat to the health of the community or persons attending the festival.
(b)  A permit may not be revoked during the period beginning with the fifth day before the date of the first performance of the festival and ending with the final day of the festival.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2104 - Regulation of Outdoor Music Festivals › Subchapter C. Outdoor Music Festival Permit › Section 2104.107. Appeal

Sec. 2104.107.  APPEAL.  (a)  A person affected by an action of the commissioners court in granting, denying, or revoking a permit issued under this chapter may appeal the action by filing a petition in a district court in the county in which the commissioners court presides.
(b)  The district court shall review the action of the commissioners court under the substantial evidence rule.
(c)  An appeal under this section does not suspend an action of the commissioners court unless the district court orders a suspension.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle C - Arts and Music › Chapter 2104 - Regulation of Outdoor Music Festivals › Subchapter D. Penalties › Section 2104.151. Prohibited Acts; Criminal Offense

Sec. 2104.151.  PROHIBITED ACTS;  CRIMINAL OFFENSE.  (a)  A person may not act as a promoter of an outdoor music festival unless the person registers with the county clerk of the county in which the festival is to be held.
(b)  A person may not direct, control, or participate in the direction or control of an outdoor music festival unless the festival is authorized by a permit issued under this chapter.
(c)  A person commits an offense if the person violates this section.
(d)  An offense under this section is a misdemeanor punishable by:
(1)  confinement in a county jail for a term not to exceed 30 days;
(2)  a fine not to exceed $1,000;  or
(3)  both the fine and confinement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter A. General Provisions › Section 2151.001. Short Title

Sec. 2151.001.  SHORT TITLE.  This chapter may be cited as the Amusement Ride Safety Inspection and Insurance Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter A. General Provisions › Section 2151.002. Definitions

Sec. 2151.002.  DEFINITIONS.  In this chapter:
(1)  "Amusement ride" means a mechanical device that carries passengers along, around, or over a fixed or restricted course or within a defined area for the purpose of giving the passengers amusement, pleasure, or excitement. The term does not include:
(A)  a coin-operated ride that:
(i)  is manually, mechanically, or electrically operated;
(ii)  is customarily placed in a public location; and
(iii)  does not normally require the supervision or services of an operator;
(B)  nonmechanized playground equipment, including a swing, seesaw, stationary spring-mounted animal feature, rider-propelled merry-go-round, climber, playground slide, trampoline, and physical fitness device;
(C)  a challenge course or any part of a challenge course that is excepted from this chapter under Section 2151.107; or
(D)  a waterslide, even if operated by a mechanical device, in which passengers are carried along a course that:
(i)  is less than 200 feet in length;
(ii)  is substantially constructed from vinyl or vinyl coated polyester; and
(iii)  is not mechanically inflated using a continuous airflow device.
(2)  "Class A amusement ride" means an amusement ride with a fixed location designed primarily for use by children younger than 13 years of age.
(3)  "Class B amusement ride" means an amusement ride that is not a Class A amusement ride.
(4)  "Commissioner" means the commissioner of insurance.
(5)  "Department" means the Texas Department of Insurance.
(6)  "Mobile amusement ride" means an amusement ride that is designed or adapted to be moved from one location to another and is not fixed at a single location.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.701(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 363 (S.B. 1282), Sec. 2, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 1107 (H.B. 1553), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter B. Department Powers and Duties › Section 2151.051. General Powers and Duties

Sec. 2151.051.  GENERAL POWERS AND DUTIES.  The commissioner shall administer and enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.702(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter B. Department Powers and Duties › Section 2151.052. Fees

Sec. 2151.052.  FEES.  (a)  The commissioner shall establish reasonable and necessary fees, in an amount not to exceed $40 per year, for each amusement ride covered by this chapter.
(b)  An amusement ride that consists of two or more self-propelled, four-wheeled vehicles designed to be operated independently and to carry fewer than three persons, including go-carts, is a single amusement ride.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.702(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter B. Department Powers and Duties › Section 2151.053. Information Request

Sec. 2151.053.  INFORMATION REQUEST.  (a)  The department may request information from a sponsor, lessor, landowner, or other person responsible for an amusement ride being offered for use by the public concerning whether insurance required by this chapter is in effect on that amusement ride.
(b)  The person shall respond to the information request not later than the 15th day after the date the request is made.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.101. Requirements for Operation

Sec. 2151.101.  REQUIREMENTS FOR OPERATION.  (a)  A person may not operate an amusement ride unless the person:
(1)  has had the amusement ride inspected at least once a year by an insurer or a person with whom the insurer has contracted;
(2)  obtains a written certificate from the insurer or person with whom the insurer has contracted stating that the amusement ride:
(A)  has been inspected;
(B)  meets the standards for insurance coverage; and
(C)  is covered by the insurance required by Subdivision (3);
(3)  except as provided by Sections 2151.1011 and 2151.1012, has a combined single limit or split limit insurance policy currently in effect written by an insurance company authorized to do business in this state or by a surplus lines insurer, as defined by Chapter 981, 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 amusement ride in an amount of not less than:
(A)  for Class A amusement rides:
(i)  $100,000 bodily injury and $50,000 property damage per occurrence with a $300,000 annual aggregate; or
(ii)  a $150,000 per occurrence combined single limit with a $300,000 annual aggregate; and
(B)  for Class B amusement rides:
(i)  $1,000,000 bodily injury and $500,000 property damage per occurrence; or
(ii)  $1,500,000 per occurrence combined single limit;
(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; and
(5)  files with each sponsor, lessor, landowner, or other person responsible for the amusement ride being offered for use by the public a photocopy of the inspection certificate and the insurance policy required by this subsection.
(b)  The inspection certificate and the insurance policy must be filed with the department before July 1 of each year, except that if an amusement ride is inspected more than once a year, the inspection certificate must be filed 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.548, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 363 (S.B. 1282), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1146 (H.B. 2879), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 655 (H.B. 1070), Sec. 1, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 580 (H.B. 3570), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.1011. Liability Insurance for Certain Amusement Rides

Sec. 2151.1011.  LIABILITY INSURANCE FOR CERTAIN AMUSEMENT RIDES.  (a)  This section only applies to a Class B amusement ride that:
(1)  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;
(2)  does not travel under its own power in excess of five miles per hour;
(3)  has safety belts for all passengers;
(4)  does not run on an elevated track;
(5)  has passenger seating areas enclosed by guardrails or doors; and
(6)  does not have passenger cars that rotate independently from the motorized vehicle.
(b)  A person may not operate an amusement ride described by Subsection (a) unless the person has an insurance policy currently in effect written by an insurance company authorized to conduct business in this state or by a surplus lines insurer, as defined by Chapter 981, 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 amusement ride in an amount of not less than $1 million in aggregate for all liability claims occurring in a policy year.
(c)  A local government may satisfy the insurance requirement prescribed by Subsection (b) by obtaining liability coverage through an interlocal agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 655 (H.B. 1070), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.1012. Liability Insurance for Certain Other Amusement Rides

Sec. 2151.1012.  LIABILITY INSURANCE FOR CERTAIN OTHER AMUSEMENT RIDES.  (a)  This section applies only to a Class B amusement ride that:
(1)  is mechanically inflated using a continuous airflow device; and
(2)  provides a surface for bouncing and jumping or creates an enclosed space for the purpose of amusement.
(b)  A person may not operate an amusement ride described by Subsection (a) unless the person has a combined single limit insurance policy currently in effect written by an insurance company authorized to conduct business in this state or by a surplus lines insurer, as defined by Chapter 981, Insurance Code, or has an independently procured policy subject to Chapter 101, Insurance Code, insuring the owner or operator against liability arising out of the use of the amusement ride in an amount of not less than $1 million per occurrence.
Added by Acts 2011, 82nd Leg., R.S., Ch. 580 (H.B. 3570), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.102. Inspection Requirements

Sec. 2151.102.  INSPECTION REQUIREMENTS.  (a)  The inspection required by Section 2151.101(a) must test for stress-related and wear-related damage of the critical parts of a ride that the manufacturer of the amusement ride determines:
(1)  are reasonably subject to failure as the result of stress and wear;  and
(2)  could cause injury to a member of the public as a result of a failure.
(b)  If at any time the inspection reveals that an amusement ride does not meet the insurer's underwriting standards, the insurer shall notify the owner or operator.
(c)  If repair or replacement of equipment is required, it is the responsibility of the owner or operator to make the repair or install the replacement equipment before the amusement ride is offered for public use.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.1021. Inspection Requirements for Mobile Amusement Rides

Sec. 2151.1021.  INSPECTION REQUIREMENTS FOR MOBILE AMUSEMENT RIDES.  (a)  The commissioner shall adopt rules requiring operators of mobile amusement rides to perform inspections of mobile amusement rides, including rules requiring daily inspections of safety restraints.
(b)  Rules adopted under this section may apply to specific rides of specific manufacturers.
(c)  The commissioner shall prescribe forms for inspections required under this section and shall require records of the inspections to be made available for inspection by any municipality, county, or state law enforcement officials at any location at which an amusement ride is operated.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.1022. Required Records of Governmental Actions

Sec. 2151.1022.  REQUIRED RECORDS OF GOVERNMENTAL ACTIONS.  (a)  A person who operates an amusement ride in this state shall maintain accurate records of any governmental action taken in any state relating to that particular amusement ride, including an inspection resulting in the repair or replacement of equipment used in the operation of the amusement ride.
(b)  The operator shall file with the commissioner quarterly a report, on a form designed by the commissioner, describing each governmental action taken in the quarter covered by the report for which the operator is required by Subsection (a) to maintain records.  A report is not required in any quarter in which no reportable governmental action was taken in any state in which the person operated the amusement ride.
(c)  A person who operates an amusement ride shall maintain for not less than two years at any location where the ride is operated, for inspection by a municipal, county, or state law enforcement official, a photocopy of any quarterly report required under this section or Section 2151.103 to be filed with the commissioner.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.103. Injury Reports

Sec. 2151.103.  INJURY REPORTS.  (a)  In this section, "medical treatment" includes treatment administered by a physician or by registered professional personnel under the standing orders of a physician.  The term does not include first-aid treatment, the onetime treatment and subsequent observation of minor scratches, cuts, burns, splinters, and other minor injuries that do not ordinarily require medical care, even if that treatment is provided by a physician or registered professional personnel.
(b)  A person operating an amusement ride shall maintain accurate records of each injury caused by the ride that results in death or requires medical treatment.
(c)  The operator shall file an injury report with the commissioner on a quarterly basis.  The report shall be made on a form prescribed by the commissioner and shall include a description of each injury caused by a ride that results in death or requires medical treatment.
(d)  If no reportable injuries occur in a quarter, the operator is not required to file an injury report.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(d), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.104. Access to Rides

Sec. 2151.104.  ACCESS TO RIDES.  An owner or operator of an amusement ride may deny entry to the ride to any person if, in the owner's or operator's opinion, the entry may jeopardize the safety of the person or of other amusement ride patrons.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.105. Signage Requirements

Sec. 2151.105.  SIGNAGE REQUIREMENTS.  (a)  The commissioner shall adopt rules requiring that a sign be posted to inform the public how to report an amusement ride that appears to be unsafe or to report an amusement ride operator who appears to be violating the law.
(b)  The rules must require the sign to be posted at the principal entrance to the site at which an amusement ride is located or at any location on that site at which tickets for an amusement ride are available.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.106. Minimum Standards

Sec. 2151.106.  MINIMUM STANDARDS.  (a)  An amusement ride covered by this chapter that is sold, maintained, or operated in this state must comply with standards established by the American Society of Testing and Materials (ASTM) as of May 1, 1999.  Those standards are minimum standards.
(b)  To the extent that the standards of the American Society of Testing and Materials conflict with the requirements of this chapter, the more stringent requirement or standard applies.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.703(c), eff. Sept. 1, 2001.