By:  Van de Putte                                     S.B. No. 1050
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of youth camps.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subdivisions (2) and (5), Section 141.002, Health
 1-5     and Safety Code, are amended to read as follows:
 1-6                 (2)  "Day camp" includes any camp that primarily
 1-7     operates during any portion of the day between 7 a.m. and 10 p.m.
 1-8     for a period of four or more consecutive days but may incidentally
 1-9     offer not more than two overnight stays each camp session.  The
1-10     term does not include a facility required to be licensed with
1-11     [licensed as a child care facility by] the Department of Protective
1-12     and Regulatory Services.
1-13                 (5)  "Youth camp" means a facility or property, other
1-14     than a facility required to be licensed by the Department of
1-15     Protective and Regulatory Services, that:
1-16                       (A)  has the general characteristics of a day
1-17     camp, resident camp, or travel camp;
1-18                       (B)  is used primarily or partially for
1-19     recreational, athletic, religious, or educational activities; and
1-20                       (C)  accommodates at least five minors who attend
1-21     or temporarily reside at the camp for all or part of at least four
1-22     days.
1-23           SECTION 2.  Chapter 141, Health and Safety Code, is amended
1-24     by adding Section 141.0021 to read as follows:
1-25           Sec. 141.0021.  EXEMPTION.  This chapter does not apply to a
 2-1     facility or program operated by a private or independent
 2-2     institution of higher education as defined by Section 61.003,
 2-3     Education Code.
 2-4           SECTION 3.  Subsection (a), Section 141.005, Health and
 2-5     Safety Code, is amended to read as follows:
 2-6           (a)  A person holding a license issued under this chapter
 2-7     must renew the license annually by submitting a renewal application
 2-8     on a date determined by board rule [not later than May 1 of each
 2-9     year] on a form provided by the department.
2-10           SECTION 4.  Section 141.009, Health and Safety Code, is
2-11     amended to read as follows:
2-12           Sec. 141.009.  STANDARDS.  The board by rule shall establish
2-13     health and safety standards for youth camps.  The standards may
2-14     relate to:
2-15                 (1)  adequate and proper supervision at all times of
2-16     camp activities;
2-17                 (2)  qualifications for directors, supervisors, and
2-18     staff and sufficient numbers of those persons;
2-19                 (3)  proper safeguards for sanitation and public
2-20     health;
2-21                 (4)  adequate medical services for personal health and
2-22     first aid;
2-23                 (5)  proper procedures for food preparation, handling,
2-24     and mass feeding;
2-25                 (6)  healthful and sufficient water supply;
2-26                 (7)  proper waste disposal;
 3-1                 (8)  proper water safety procedures for swimming pools,
 3-2     lakes, and waterways;
 3-3                 (9)  safe boating equipment;
 3-4                 (10)  proper maintenance and safe use of motor
 3-5     vehicles;
 3-6                 (11)  safe buildings and physical facilities;
 3-7                 (12)  proper fire precautions;
 3-8                 (13)  safe and proper recreational and other equipment;
 3-9     [and]
3-10                 (14)  proper regard for density and use of the
3-11     premises; and
3-12                 (15)  records of criminal convictions of camp
3-13     personnel.
3-14           SECTION 5.  Subsection (c), Section 141.016, Health and
3-15     Safety Code, is amended to read as follows:
3-16           (c)  The penalty may not exceed $2,000 [$100] a day for each
3-17     violation.
3-18           SECTION 6.  (a)  This Act takes effect September 1, 2001.
3-19           (b)  The change in law made by this Act to Section 141.016,
3-20     Health and Safety Code, applies only to a violation that occurs on
3-21     or after the effective date of this Act.  For purposes of this
3-22     section, a violation occurs before the effective date of this Act
3-23     if any element of the violation occurs before that date.
3-24           (c)  A violation that occurs before the effective date of
3-25     this Act is covered by the law in effect when the violation
3-26     occurred, and the former law is continued in effect for that
 4-1     purpose.
 4-2                          COMMITTEE AMENDMENT NO. 1
 4-3           Amend S.B. No. 1050 by striking SECTION 2 of the bill
 4-4     (engrossed version, page 1, lines 23-25 and page 2, lines 1-3) and
 4-5     renumbering the remaining SECTIONS of the bill as appropriate.
 4-6     77R16497 MCK-D                                                 Gray