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78R12723 MCK-D


By:  Hilderbran                                                   H.B. No. 2075



A BILL TO BE ENTITLED

AN ACT

relating to regulating health and safety conditions at youth camps.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 141.007, Health and Safety Code, is 
amended by adding Subsections (d), (e), (f), and (g) to read as 
follows:
	(d)  An employee or agent of the department who enters a 
youth camp to investigate and inspect conditions shall:
		(1)  notify the person in charge of the camp or the 
person's designee of any violations as they are discovered; and
		(2)  allow the camp to correct the violations while the 
investigation and inspection is occurring.
	(e)  The department may not extend or delay an investigation 
or inspection to allow the youth camp to correct a violation under 
Subsection (d)(2).
	(f)  An employee or agent of the department performing an 
investigation and inspection under this section may not report a 
violation that is significant under the department's rules if the 
violation is corrected during the investigation and inspection.
	(g)  A penalty may not be imposed on a youth camp for a 
violation that is significant under the department's rules if the 
violation is corrected during an investigation and inspection under 
this section.
	SECTION 2.  Section 141.008(a), Health and Safety Code, is 
amended to read as follows:
	(a)  The board may adopt rules to implement this chapter.  
Before adopting a rule under this chapter or readopting a rule under 
Section 2001.039, Government Code [In developing the rules], the 
board shall:
		(1) consult parents, youth camp operators, and 
appropriate public and private officials and organizations;
		(2)  make findings, based on empirical data, that the 
rule is needed; and
		(3)  forward a copy of the findings and the proposed 
rule to the appropriate standing committees of the legislature.
	SECTION 3.  Section 141.010, Health and Safety Code, is 
amended to read as follows:
	Sec. 141.010.  ADVISORY COMMITTEE.  (a)  The board shall 
appoint a committee to advise the board in the development of 
standards and procedures, make recommendations to the board 
regarding the content of the rules adopted to implement this Act, 
and perform any other functions requested by the board in the 
implementation and administration of the Act.
	(b)  The advisory committee may not exceed nine members, at 
least two of whom shall be members of the general public.  The other 
members should be experienced camping professionals who represent 
the camping communities of the state. In making the appointments, 
the board shall attempt to reflect the geographic diversity of the 
state in proportion to the number of camps licensed by the 
department in each geographic area of the state.
	[(c)  A person is not eligible to be appointed and serve as a 
public member of an advisory committee if the person or the person's 
spouse:
		[(1)  is licensed by an occupational regulatory agency 
in the health care field;
		[(2)  is employed by a health care facility, 
corporation, or agency or by a corporation authorized to underwrite 
health care insurance;
		[(3)  governs or administers a health care facility, 
corporation, or agency;
		[(4)  has a financial interest, other than a consumer's 
interest, in a health care facility, corporation, or agency; or
		[(5)  is a youth camp operator; is employed by a youth 
camp facility or a youth camp operator; governs or administers a 
youth camp facility, corporation, or agency; or has a financial 
interest, other than a consumer's interest, in a youth camp 
facility, corporation, or agency.]
	(c)  Advisory committee members serve for staggered six-year 
terms, with the terms of three members expiring on August 31 of each 
odd-numbered year.
	(d)  A vacancy on the advisory committee is filled by the 
board in the same manner as other appointments to the advisory 
committee.
	(e)  The advisory committee will meet annually and at the 
call of the commissioner.
	(f)  [A member of the advisory committee is entitled to 
reimbursement for expenses incurred in performing duties under this 
Act.  The reimbursement may not exceed the amount specified in the 
General Appropriations Act for travel and per diem allowances for 
state employees.
	[(g)]  The advisory committee may elect a chairperson, 
vice-chairperson, and secretary from among its members and may 
adopt rules for the conduct of its own activities.
	SECTION 4.  Section 141.016(c), Health and Safety Code, is 
amended to read as follows:
	(c)  The penalty may not exceed $1,000 [$2,000] a day for 
each violation.
	SECTION 5.  Subsections (d), (e), (f), and (g), Section 
141.007, Health and Safety Code, as added by Section 1 of this Act, 
apply only to an investigation and inspection of a youth camp that 
occurs on or after the effective date of Section 1 of this Act.  An 
investigation and inspection that occurred before the effective 
date of Section 1 of this Act is governed by the law in effect on the 
date the investigation and inspection occurred, and the former law 
is continued in effect for that purpose.
	SECTION 6.  This Act takes effect September 1, 2003.