Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,049
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provision of health and human services by the department and
for the administration of Chapter 1001, Health and Safety Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on October 12,
2005.
TRD-200504608
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Effective date: November 1, 2005
Proposal publication date: June 17, 2005
For further information, please call: (512) 458-7111
TITLE 28. INSURANCE
PART 1. TEXAS DEPARTMENT OF
INSURANCE
CHAPTER 5. PROPERTY AND CASUALTY
INSURANCE
SUBCHAPTER J. RULES TO IMPLEMENT
THE AMUSEMENT RIDE SAFETY INSPECTION
AND INSURANCE ACT
28 TAC 5.9002 - 5.9004, 5.9007, 5.9008, 5.9010, 5.9012
The Commissioner of Insurance adopts amendments to
5.9002 - 5.9004, 5.9007, 5.9008, 5.9010, and 5.9012,
concerning rules to implement the Amusement Ride Safety
Inspection and Insurance Act (the Act). The sections are
adopted without changes to the proposed text as published in
the September 2, 2005, issue of the Texas Register (30 TexReg
5284) and to the forms adopted by reference.
This adoption is necessary to implement legislation enacted by
the 79th Legislature, Regular Session, in House Bill (HB) 1892,
effective June 17, 2005, and HB 2879 and Senate Bill (SB) 1282,
both effective September 1, 2005, and to update statutory ref-
erences and two amusement ride forms. The legislation clari-
fies insurance requirements for amusement rides to allow poli-
cies to be written in either a combined single limit or a split limit
amount in accord with the newly specified minimum limits set
forth in 2151.101 of the Occupations Code, and further defines
and specifies an exception from amusement ride regulation for
certain challenge courses that meet particular insurance require-
ments. The purposes of the amendments are to conform appli-
cable sections of the amusement ride rules to the new legisla-
tion, update statutory references in those sections and update
two amusement ride forms.
Amended 5.9002 adds to the definition of "amusement ride"
the exception for a challenge course or any part of a challenge
course as defined in 2151.107 of the Act that meets certain
specified insurance requirements as set forth in that section and
in 2151.002 of the Act. Amended 5.9004 updates statutory
references and clarifies the insurance requirements for operat-
ing an amusement ride to allow insurance policies to be writtenas a combined single limit or a split limit and to specify the
minimum amounts in which such limits can be written. Amended
5.9012 updates statutory references. Two amusement ride
forms, TDI Form AR-100 and TDI Form AR-800, are updated to
add clarifying, corrective, and explanatory language and delete
unnecessary language. Additionally, the sections that reference
these forms which are adopted by reference, 5.9003, 5.9004,
5.9007, 5.9008, and 5.9010, are amended to indicate the
revised effective date for these forms.
No comments were received regarding the proposal.
The amended sections are adopted pursuant to Title 13, Occu-
pations Code, 2151.101(a), 2151.002(1), and 2151.107 and
the Insurance Code 36.001. Section 2151.101(a) as amended
by the 79th Legislature, Regular Session, in SB 1282 and HB
2879 clarifies insurance requirements for amusement rides to
allow policies to be written in either a combined single limit or
a split limit amount in accord with the newly specified minimum
limits set forth in 2151.101 (a)(3)(A) and (B) of the Occupations
Code. Section 2151.107 as enacted by the 79th Legislature,
Regular Session, in HB 1892 and HB 2879, and 2151.002 as
amended by the 79th Legislature, Regular Session, in SB 1282
define and specify an exception from amusement ride regula-
tion for certain challenge courses that meet particular insurance
requirements. Section 36.001 provides that the Commissioner
of Insurance may adopt any rules necessary and appropriate to
implement the powers and duties of the Texas Department of In-
surance under the Insurance Code and other laws of this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on October 14,
2005.
TRD-200504616
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: November 3, 2005
Proposal publication date: September 2, 2005
For further information, please call: (512) 463-6327TITLE 31. NATURAL RESOURCES
CONSERVATIONAND
PART 1. GENERAL LAND OFFICE
CHAPTER 16. COASTAL PROTECTION
31 TAC 16.1 - 16.4
The General Land Office (GLO), with the approval of the
School Land Board (SLB), adopts the proposed amendments
to 31 TAC, Part 1, Chapter 16, relating to Coastal Protection,
including 16.1 relating to Definitions and Scope, 16.2 relating
to Goals and Administrative Policies, 16.3 relating to Policies
for Specific Activities and Coastal Natural Resource Areas, and
16.4 relating to Thresholds For Referral. The amendments are
adopted without changes to the proposed text published in the
September 9, 2005, issue of the Texas Register (30 TexReg
5717) and will not be republished. These rule amendmentsADOPTED RULES October 28, 2005 30 TexReg 7049
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/75/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.