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.