BILL ANALYSIS

Senate Research Center	H.B. 59
88R3348 MCF-D	By: Goodwin et al. (Zaffirini)
	Water, Agriculture & Rural Affairs
	5/5/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Texas regularly ranks among the worst states concerning preventable child drownings, with an average of 83 yearly since 2010. Current law does not require that organizations with children under their care ensure they wear life jackets before entering a swimming pool or open waters, which results in children experiencing drowning (both fatal and non-fatal).

H.B. 59 would require childcare organizations, such as schools, preschools, kindergartens, nursery schools, or camps, to obtain written notice from parents stating whether their children can swim and to place and fasten a U.S. Coast Guard-approved life jacket on children who cannot swim and are likely to enter a pool, lake, or river during any activity organized by the childcare organization. This change should help reduce preventable accidents and fatalities.

H.B. 59 amends current law relating to child water safety requirements for certain organizations and authorizes disciplinary action, including an administrative penalty.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 2 (Section 341.0646, Health and Safety Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Authorizes this Act to be cited as Cati's Act.

SECTION 2. Amends Subchapter D, Chapter 341, Health and Safety Code, by adding Section 341.0646, as follows:

Sec. 341.0646. CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN ORGANIZATIONS. Defines "body of water," "child," "organized water activity," and "wading pool."

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(b) Provides that this section does not apply to:

(1)  a youth camp licensed under Chapter 141 (Youth Camps); or

(2) a residential child-care facility as defined by Section 42.002 (Definitions), Human Resources Code.

(c) Requires an organization, including a day camp, youth camp, school, preschool, kindergarten, nursery school, child-care facility as defined by Section 42.002, Human Resources Code, or any other facility providing child-care services licensed by the Health and Human Services Commission (HHSC) that authorizes a child to engage in an organized water activity to:

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(1) require the child's parent or legal guardian to affirm in writing whether the child is able to swim or is at risk of injury or death when swimming or otherwise accessing a body of water; and

(2) except as provided by Subsection (d):

(A) provide to each child who is unable to swim or is at risk of injury or death when swimming or otherwise entering a body of water a properly fitted and fastened Type I, II, or III United States Coast Guard approved personal flotation device or a device the executive commissioner of HHSC (executive commissioner) determines is equivalent; and

(B) ensure the child is wearing the personal flotation device and the device is properly fitted and fastened for the child.

(d) Provides that an organization is not required to provide a child with a flotation device or ensure the child is wearing the device under Subsection (c)(2) if:

(1) the child is actively participating in swim instruction; and

(2) the organization ensures each child participating in the instruction is closely supervised during the instruction.

(e) Provides that an organization licensed or otherwise regulated by this state that violates this section or rules adopted under this section is subject to disciplinary action, including the imposition of an administrative penalty, by any state regulatory agency with the power to impose disciplinary action on that organization as if the organization violated the agency's licensing or other regulatory laws or rules.

(f) Authorizes the executive commissioner to adopt rules necessary to implement this section.

SECTION 3. Effective date: September 1, 2023.