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.