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A BILL TO BE ENTITLED
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AN ACT
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relating to child water safety requirements for certain |
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organizations; authorizing disciplinary action, including an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Cati's Act. |
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SECTION 2. Subchapter D, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.0646 to read as follows: |
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Sec. 341.0646. CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN |
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ORGANIZATIONS. (a) In this section: |
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(1) "Body of water" means an artificial or natural |
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body of water, including a swimming pool, lake, or river, typically |
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used for recreational swimming, bathing, or play. The term does not |
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include a wading pool. |
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(2) "Child" means an individual under 12 years of age. |
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(3) "Wading pool" means a pool, including a pool that |
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contains a public interactive water feature and fountain as defined |
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by department rule, with a maximum water depth of not more than 18 |
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inches. |
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(b) This section does not apply to: |
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(1) a youth camp licensed under Chapter 141; or |
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(2) a residential child-care facility as defined by |
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Section 42.002, Human Resources Code. |
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(c) An organization, including a day camp, youth camp, |
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school, preschool, kindergarten, nursery school, child-care |
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facility as defined by Section 42.002, Human Resources Code, or any |
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other facility providing child-care services licensed by the Health |
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and Human Services Commission that takes a child in its care or |
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under its supervision to a body of water or otherwise allows a child |
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access to a body of water shall require the child's parent or legal |
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guardian to affirm in writing whether the child is able to swim or |
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is at risk of injury or death when swimming or otherwise accessing a |
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body of water. |
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(d) Except as provided by Subsection (e) and if the |
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organization conducts an activity that provides a child access to a |
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body of water, during the time each child who is unable to swim or is |
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at risk of injury or death when swimming or accessing a body of |
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water is present within a fenced-in area around a body of water or |
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within 100 feet of a body of water without a fenced-in area, the |
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organization shall: |
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(1) provide to the child: |
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(A) for a natural body of water, a properly |
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fitted and fastened Type II United States Coast Guard approved |
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personal flotation device; or |
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(B) for an artificial body of water, a properly |
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fitted and fastened Type II or Type III United States Coast Guard |
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approved personal flotation device; and |
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(2) ensure the child is wearing the appropriate |
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personal flotation device and the device is properly fitted and |
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fastened for the child. |
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(e) The organization is not required to provide a child with |
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a flotation device under Subsection (d) if: |
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(1) the child is actively participating in swim |
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instruction; and |
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(2) the organization ensures that each child |
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participating in the instruction is closely supervised during the |
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instruction. |
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(f) An organization licensed or otherwise regulated by this |
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state that violates this section or rules adopted under this |
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section is subject to disciplinary action, including the imposition |
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of an administrative penalty, by any state regulatory agency with |
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the power to take disciplinary action against that organization as |
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if the organization violated the agency's licensing or other |
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regulatory laws or rules. |
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(g) The executive commissioner may adopt rules necessary to |
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implement this section. |
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SECTION 3. This Act takes effect September 1, 2021. |