The following words and terms, when used in this subchapter, shall have the following meanings.

1. (1) Act -- The Amusement Ride Safety Inspection and Insurance Act (Title 13, Occupations Code, Chapter 2151).

2. (2) Amusement ride -- Any mechanical, gravity, or water device or devices that carry or convey passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement, but such term does not include:

   1. (A) any coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator; or
   2. (B) nonmechanized playground equipment, including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, playground slides, trampolines, and physical fitness devices.
3. (3) ASTM -- The American Society for Testing and Materials.
4. (4) Class A amusement ride -- An amusement ride with a fixed location and designed primarily for use by children 12 years of age or younger.
5. (5) Class B amusement ride -- Any amusement ride not defined as a Class A amusement ride.
6. (6) Commissioner -- The Commissioner of Insurance.
7. (7) 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 American Society for Testing and Materials (ASTM), the manufacturer's standards and criteria, or standards established by the insurance company.
8. (8) 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.
9. (9) Mobile amusement ride -- An amusement ride that is designed or adapted to be moved from one location to another and is not fixed at a single location.
10. (10) Owner/operator -- The person or entity responsible for an amusement ride and his or its agents or representatives. A separate reference to owner or operator shall be deemed to include owner/operator.
11. (11) TDI -- The Texas Department of Insurance.

Source Note: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.