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A BILL TO BE ENTITLED
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AN ACT
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relating to child water safety requirements for certain |
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organizations; authorizing disciplinary action, including an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Cati's Act. |
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SECTION 2. Subchapter D, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.0646 to read as follows: |
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Sec. 341.0646. CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN |
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ORGANIZATIONS. (a) In this section: |
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(1) "Body of water" means an artificial or natural |
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body of water, including a swimming pool, lake, or river, typically |
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used for recreational swimming, bathing, or play. The term does not |
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include a wading pool. |
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(2) "Child" means an individual under 18 years of age. |
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(3) "Wading pool" means a pool, including a pool that |
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contains a public interactive water feature and fountain as defined |
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by department rule, with a maximum water depth of not more than 18 |
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inches. |
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(b) This section does not apply to a youth camp licensed |
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under Chapter 141. |
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(c) An organization, including a day camp, youth camp, |
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school, preschool, kindergarten, nursery school, child-care |
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facility as defined by Section 42.002, Human Resources Code, or any |
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other facility providing child-care services licensed by the Health |
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and Human Services Commission that takes a child in its care or |
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under its supervision to a body of water or otherwise allows a child |
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access to a body of water shall: |
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(1) require the child's parent or legal guardian to |
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affirm in writing whether the child is able to swim or is at risk of |
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injury or death when swimming or otherwise accessing a body of |
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water; and |
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(2) if the organization does not own or operate the |
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body of water, provide the owner or operator of the body of water a |
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written or electronic disclosure that clearly identifies each child |
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who is unable to swim or is at risk of injury or death when swimming |
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or accessing a body of water. |
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(d) Except as provided by Subsection (e), during the time |
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each child who is unable to swim or is at risk of injury or death |
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when swimming or accessing a body of water is present within a |
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fenced-in area around a body of water or within 100 feet of a body of |
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water without a fenced-in area, the organization shall: |
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(1) provide to the child: |
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(A) for a natural body of water, a properly |
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fitted and fastened Type II United States Coast Guard approved |
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personal flotation device; or |
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(B) for an artificial body of water, a properly |
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fitted and fastened Type II or Type III United States Coast Guard |
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approved personal flotation device; and |
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(2) ensure the child is wearing the appropriate |
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personal flotation device and the device is properly fitted and |
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fastened for the child. |
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(e) The organization is not required to provide a child with |
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a flotation device under Subsection (d) if: |
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(1) the child is actively participating in swim |
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instruction; and |
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(2) the organization ensures that each child |
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participating in the instruction is closely supervised during the |
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instruction. |
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(f) An organization licensed or otherwise regulated by this |
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state that violates this section or rules adopted under this |
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section is subject to disciplinary action, including the imposition |
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of an administrative penalty, by any state regulatory agency with |
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the power to take disciplinary action against that organization as |
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if the organization violated the organization's licensing or other |
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regulatory laws or rules. |
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(g) The executive commissioner may adopt rules necessary to |
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implement this section. |
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SECTION 3. This Act takes effect September 1, 2021. |