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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. |
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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, wading pool, lake, or |
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river, typically used for recreational swimming, bathing, or play. |
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(2) "Child" means an individual under 18 years of age. |
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(b) An organization, including a school, preschool, |
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kindergarten, nursery school, or day camp or youth camp, as defined |
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by Section 141.002, that takes a child in its care or under its |
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supervision to a body of water or otherwise allows a child access to |
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a body of water shall: |
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(1) determine whether the child is able to swim or is |
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at risk when swimming; and |
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(2) if the organization does not own or operate the |
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body of water, provide the owner or operator of the body of water a |
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written or electronic disclosure that clearly identifies each child |
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who is unable to swim or is at risk when swimming. |
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(c) During the time each child who is unable to swim or is at |
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risk when swimming has access to a body of water, the organization |
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shall: |
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(1) provide to the child: |
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(A) for a natural body of water, a Type II United |
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States Coast Guard approved personal flotation device; or |
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(B) for an artificial body of water, a Type II or |
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Type III United States Coast Guard approved personal flotation |
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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 for the |
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child. |
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(d) 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. |