81R15141 UM-D

By: Bolton H.B. No. 2740

Substitute the following for H.B. No. 2740:

By: Rose C.S.H.B. No. 2740

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of youth camps.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 141.002, Health and Safety Code, is amended by adding Subdivisions (2-a), (4-a), and (4-b) to read as follows:

(2-a) "Hazardous activity" includes waterfront activities, archery, horseback riding, challenge courses, riflery, and other activities that require special technical skills, equipment, or safety regulations.

(4-a) "Recreational youth facility" means a facility or property, other than a child-care facility required to be licensed by the Department of Family and Protective Services or a youth camp, that:

(A) operates for at least 14 days a year, consecutively or nonconsecutively;

(B) operates during a portion of the day between 7 a.m. and 10 p.m. or provides residential services, including overnight accommodations for all or part of the program session;

(C) provides one or more recreational, athletic, religious, or educational activities, primarily in an outdoor environment; and

(D) accommodates at least five minors who attend or temporarily reside apart from their parents or legal guardians.

(4-b) "Waterfront activity" means a recreational or instructional activity occurring in, on, or near a waterfront and includes swimming, boating, waterskiing, scuba diving, rafting, tubing, synchronized swimming, and sailing.

SECTION 2. Section 141.0035, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) The executive commissioner of the Health and Human Services Commission by rule may set license fees for recreational youth facilities in an amount that is different from the amount set for license fees for youth camps to reflect differences in the costs of administering and enforcing this chapter for recreational youth facilities. Before adopting a rule under this section, the executive commissioner shall solicit comments and information from the operators of recreational youth facilities and allow affected recreational youth facility operators to meet with appropriate commission staff who are involved in the rulemaking process.

SECTION 3. Chapter 141, Health and Safety Code, is amended by adding Sections 141.0071, 141.0072, and 141.0081 to read as follows:

Sec. 141.0071. GENERAL INVESTIGATIVE AUTHORITY. (a) The department may conduct any inspection and order the production of any information the department considers necessary to determine whether a license under this chapter should be issued, delayed, or denied, or whether a current license should be renewed, modified, suspended, or revoked.

(b) The department may require additional written information and assurances from an applicant or license holder at any time after an application for a license is filed or before a license expires.

Sec. 141.0072. INTERFERENCE WITH INVESTIGATION OR INSPECTION; COURT ORDER. (a) A person may not interfere with an investigation or inspection of a youth camp conducted by the department under this chapter.

(b) During an investigation or inspection of a youth camp under this chapter, the youth camp shall cooperate with the department and allow the department to:

(1) access the records of the youth camp;

(2) access any part of the premises of the youth camp; and

(3) interview any employee or other adult who is present at the youth camp and who may have information relevant to the investigation or inspection.

(c) If access to the records or premises of the youth camp cannot be obtained, a district court in Travis County or in the county in which the youth camp is located, for good cause shown and without prior notice or a hearing, shall issue an order granting the department access to the records or premises in order to conduct the inspection, investigation, or interview.

(d) To assist the department in investigating whether a person is operating a youth camp without a required license, a district court in Travis County or in the county in which the suspected youth camp is located may, for good cause shown and without prior notice or a hearing, issue an order allowing the department to enter the suspected youth camp at a time when the department's evidence shows that the suspected youth camp may be providing services subject to regulation under this chapter.

Sec. 141.0081. RECREATIONAL YOUTH FACILITIES; APPLICABILITY OF CHAPTER AND RULES. (a) A provision in this chapter that applies to a youth camp applies to a recreational youth facility.

(b) The executive commissioner of the Health and Human Services Commission may adopt rules under this chapter that recognize and treat differently the types of services provided by a recreational youth facility, including rules relating to health and safety standards under Section 141.009.

(c) In developing rules applicable to recreational youth facilities, the executive commissioner may consult with parents, recreational youth facility operators, and appropriate public and private officials and organizations.

SECTION 4. Section 141.009, Health and Safety Code, is amended to read as follows:

Sec. 141.009. STANDARDS. (a) The executive commissioner of the Health and Human Services Commission [board] by rule shall establish health and safety standards for youth camps and recreational youth facilities.

(b) The standards may relate to:

(1) adequate and proper supervision at all times of camp activities;

(2) qualifications for directors, supervisors, and staff and sufficient numbers of those persons;

(3) proper safeguards for sanitation and public health;

(4) adequate medical services for personal health and first aid;

(5) proper procedures for food preparation, handling, and mass feeding;

(6) healthful and sufficient water supply;

(7) proper waste disposal;

(8) proper water safety procedures for waterfront activities, swimming pools, lakes, and waterways;

(9) safe boating equipment;

(10) proper maintenance and safe use of motor vehicles, including rules ensuring the safe transportation of children by employees of a youth camp;

(11) safe buildings and physical facilities;

(12) proper fire precautions;

(13) safe and proper recreational and other equipment;

(14) proper regard for density and use of the premises; and

(15) records of criminal convictions of camp personnel.

SECTION 5. Chapter 141, Health and Safety Code, is amended by adding Section 141.0094 to read as follows:

Sec. 141.0094. LIABILITY INSURANCE. A youth camp that allows campers to engage in a hazardous activity shall maintain liability insurance coverage in the amount set by the executive commissioner of the Health and Human Services Commission by rule for each occurrence of injury. An insurance policy or contract required by this section must cover an injury to a child that occurs while the child is in the care of the youth camp, regardless of whether the injury occurs:

(1) on the premises of the youth camp;

(2) off the premises of the youth camp;

(3) while in transit in a motor vehicle or boat; or

(4) while on an amusement ride or on a horse.

SECTION 6. (a) The executive commissioner of the Health and Human Services Commission shall adopt rules to implement the changes in law made by this Act as soon as practicable.

(b) The changes in law made by this Act apply to a license to operate a youth camp or recreational youth facility initially issued or renewed on or after the effective date of this Act. A license to operate a youth camp issued or renewed before the effective date of this Act is governed by the law in effect on the date the license was issued or renewed, and the former law is continued in effect for that purpose.

SECTION 7. This Act takes effect immediately if it 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, this Act takes effect September 1, 2009.