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2003S0452-1 03/03/03
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), and (f) 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 of any
violations as they are discovered; and
(2) allow the camp to correct the violations while the
investigation and inspection is occurring.
(e) An employee or agent of the department performing an
investigation and inspection under this section may not report a
violation that is corrected during the investigation and
inspection.
(f) A penalty may not be imposed on a youth camp for a
violation that is corrected during an investigation and inspection
under this section.
SECTION 2. Subsection (c), Section 141.016, 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 3. Subchapter C, Chapter 341, Health and Safety
Code, is amended by adding Section 341.051 to read as follows:
Sec. 341.051. WATER SUPPLIES AT YOUTH CAMPS. The
commission shall execute a memorandum of understanding with the
department under which the department, in performing its functions
under Chapter 141, shall also perform appropriate functions of the
commission under this subchapter in relation to the regulation of
the water supply at a youth camp licensed under that chapter. Under
the memorandum of understanding, department employees shall
inspect the water supply of a youth camp in conjunction with
inspections conducted under Section 141.007 and shall communicate
information relating to any violation of applicable standards to
youth camp operators. The commission shall retain the authority to
enforce this subchapter.
SECTION 4. Subsections (d), (e), and (f), 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 5. This Act takes effect September 1, 2003, except
that Section 3 of this Act takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, Section 3 of this Act takes effect September 1, 2003.