By: Goodwin, Guerra, Talarico, Kacal, et al. H.B. No. 1676
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to child water safety requirements for certain
  organizations; authorizing disciplinary action, including an
  administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as Cati's Act.
         SECTION 2.  Subchapter D, Chapter 341, Health and Safety
  Code, is amended by adding Section 341.0646 to read as follows:
         Sec. 341.0646.  CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN
  ORGANIZATIONS. (a)  In this section:
               (1)  "Body of water" means an artificial or natural
  body of water, including a swimming pool, lake, or river, typically
  used for recreational swimming, bathing, or play.  The term does not
  include a wading pool.
               (2)  "Child" means an individual under 12 years of age.
               (3)  "Wading pool" means a pool, including a pool that
  contains a public interactive water feature and fountain as defined
  by department rule, with a maximum water depth of not more than 18
  inches.
         (b)  This section does not apply to:
               (1)  a youth camp licensed under Chapter 141; or
               (2)  a residential child-care facility as defined by
  Section 42.002, Human Resources Code.
         (c)  An organization, including a day camp, youth camp,
  school, preschool, kindergarten, nursery school, child-care
  facility as defined by Section 42.002, Human Resources Code, or any
  other facility providing child-care services licensed by the Health
  and Human Services Commission that takes a child in its care or
  under its supervision to a body of water or otherwise allows a child
  access to a body of water shall require the child's parent or legal
  guardian to affirm in writing whether the child is able to swim or
  is at risk of injury or death when swimming or otherwise accessing a
  body of water.
         (d)  Except as provided by Subsection (e) and if the
  organization conducts an activity that provides a child access to a
  body of water, during the time each child who is unable to swim or is
  at risk of injury or death when swimming or accessing a body of
  water is present within a fenced-in area around a body of water or
  within 100 feet of a body of water without a fenced-in area, the
  organization shall:
               (1)  provide to the child:
                     (A)  for a natural body of water, a properly
  fitted and fastened Type II United States Coast Guard approved
  personal flotation device; or
                     (B)  for an artificial body of water, a properly
  fitted and fastened Type II or Type III United States Coast Guard
  approved personal flotation device; and
               (2)  ensure the child is wearing the appropriate
  personal flotation device and the device is properly fitted and
  fastened for the child.
         (e)  The organization is not required to provide a child with
  a flotation device under Subsection (d) if:
               (1)  the child is actively participating in swim
  instruction; and
               (2)  the organization ensures that each child
  participating in the instruction is closely supervised during the
  instruction.
         (f)  An organization licensed or otherwise regulated by this
  state that violates this section or rules adopted under this
  section is subject to disciplinary action, including the imposition
  of an administrative penalty, by any state regulatory agency with
  the power to take disciplinary action against that organization as
  if the organization violated the agency's licensing or other
  regulatory laws or rules.
         (g)  The executive commissioner may adopt rules necessary to
  implement this section.
         SECTION 3.  This Act takes effect September 1, 2021.