|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the licensing and regulation of child swim schools; |
|
imposing penalties, including administrative penalties; |
|
authorizing fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
|
amended by adding Chapter 769 to read as follows: |
|
CHAPTER 769. REGULATION OF CHILD SWIM SCHOOLS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 769.001. SHORT TITLE. This chapter may be cited as the |
|
Mitchell Chang Swim School Safety Act. |
|
Sec. 769.002. DEFINITIONS. In this chapter: |
|
(1) "Commission" means the Texas Commission of |
|
Licensing and Regulation. |
|
(2) "Department" means the Texas Department of |
|
Licensing and Regulation. |
|
(3) "Operator" means a person who owns, controls, or |
|
has operational responsibility for a swim school. |
|
(4) "Student" means a child who is six years of age or |
|
younger and receives swim instruction at a swim school. |
|
(5) "Swim school" means a business that provides swim |
|
instruction and employs at least three individuals on a full or |
|
part-time basis whose responsibilities include providing in water |
|
swimming instructions to students. |
|
Sec. 769.003. APPLICABILITY OF CHAPTER. This chapter |
|
applies only to a swim school that provides swim instruction to |
|
children who are six years of age or younger in a group of two or |
|
more students, regardless of whether a parent is present at the time |
|
of instruction. |
|
Sec. 769.004. APPLICABILITY OF OTHER LAW. Chapter 51, |
|
Occupations Code, applies to a swim school licensed under this |
|
chapter. |
|
SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES |
|
Sec. 769.051. RULES. The commission shall adopt rules to |
|
implement this chapter. |
|
Sec. 769.052. FEES. The commission by rule shall set |
|
license, application, and renewal fees in the amounts reasonable |
|
and necessary to cover the department's costs in administering this |
|
chapter. |
|
Sec. 769.053. COMPLAINTS. (a) Any individual may submit a |
|
complaint to the department concerning a swim school or a swim |
|
school employee. The department shall establish a process for |
|
submitting a complaint through the department's Internet website. |
|
(b) The department may investigate a complaint made under |
|
this section in accordance with Subchapter E, Chapter 51, |
|
Occupations Code. |
|
Sec. 769.054. INSPECTION BY DEPARTMENT. (a) The department |
|
shall inspect a swim school: |
|
(1) at least annually; and |
|
(2) on receipt by the department of a complaint about |
|
the swim school that the department determines to warrant further |
|
investigation and inspection. |
|
(b) An authorized representative of the department shall |
|
visit a swim school during operating hours to investigate, inspect, |
|
and evaluate compliance with swim school operating standards. |
|
(c) Following an inspection, the department shall review |
|
the results of the inspection with the swim school and provide the |
|
swim school an opportunity to respond to the inspection results. |
|
(d) For violations or infractions that do not include a |
|
serious incident of a student, as defined by section 769.157, the |
|
swim school and the operator shall be given five business days to |
|
cure any violations or infractions before any punitive action may |
|
be taken by the department. |
|
Sec. 769.055. SEARCHABLE DATABASE. The department shall |
|
maintain on the department's Internet website a searchable database |
|
that contains information on each swim school licensed by the |
|
department, including: |
|
(1) the name of the operator; |
|
(2) any criminal convictions of the operator; |
|
(3) incidents at the swim school that require the |
|
hospitalization of a child under the supervision of the swim |
|
school; |
|
(4) safety violations committed by the swim school; |
|
(5) complaints filed against a swim school under |
|
Section 769.053 that the department determined to further |
|
investigate; and |
|
(6) results of inspections conducted by the department |
|
under Section 769.054, including the acknowledgement of any results |
|
that were successfully cured by the swim school and the operator |
|
within five business days. |
|
SUBCHAPTER C. LICENSE REQUIREMENTS |
|
Sec. 769.101. LICENSE REQUIRED. A person may not operate a |
|
swim school unless the person holds a license to operate the swim |
|
school issued by the department under this chapter. |
|
Sec. 769.102. LICENSE APPLICATION AND ISSUANCE; FEE. (a) A |
|
person may submit to the department in the form and manner |
|
prescribed by commission rule an application for a license to |
|
operate a swim school under this chapter. |
|
(b) The application for a swim school license must include |
|
the identity of the operator of the swim school and be accompanied |
|
by the certifications required by Section 769.153. |
|
(c) The department shall issue a swim school license to an |
|
applicant who: |
|
(1) submits to the department a completed license |
|
application and the required nonrefundable application fee; and |
|
(2) complies with this chapter and rules adopted under |
|
this chapter. |
|
Sec. 769.103. TERM AND LICENSE RENEWAL. (a) Unless revoked |
|
or suspended, a swim school license issued under this chapter is |
|
valid for one year. |
|
(b) To renew a license, a license holder must submit to the |
|
department in the form and manner prescribed by commission rule an |
|
application for license renewal. |
|
(c) As a condition of renewal, a license holder must satisfy |
|
the requirements that apply to an applicant for an initial license |
|
under Section 769.102. |
|
(d) The department shall renew the swim school license of a |
|
license holder who: |
|
(1) submits a completed renewal application and the |
|
required renewal fee; and |
|
(2) complies with this chapter and rules adopted under |
|
this chapter. |
|
Sec. 769.104. REQUIRED SEARCH OF CENTRAL REGISTRY OF |
|
REPORTED CASES OF CHILD ABUSE OR NEGLECT. The department may not |
|
issue or renew a swim school license under this chapter unless the |
|
department searches the central registry of reported cases of child |
|
abuse or neglect established under Section 261.002, Family Code, |
|
and determines the swim school applicant, operator, and any |
|
employee included on the application form are not listed in the |
|
registry as a person who abused or neglected a child. |
|
SUBCHAPTER D. SWIM SCHOOL OPERATION |
|
Sec. 769.151. EMPLOYEE CRIMINAL HISTORY RECORD |
|
INFORMATION. Before a swim school may hire an individual for |
|
full-time employment, the swim school shall obtain criminal history |
|
record information on the individual and may not hire an individual |
|
whose criminal history record information is unacceptable. |
|
Sec. 769.152. MINIMUM SAFETY REQUIREMENTS. (a) The |
|
department shall adopt rules necessary to establish an acceptable |
|
student to swim instructor ratio for swim classes offered by a swim |
|
school, and any additional employees that may be necessary to serve |
|
in a dedicated supervisory role of the swim classes offered in order |
|
to assist in ensuring the overall health and safety of all students |
|
and swim school employees. In addition to all other information, |
|
the ratio of student to swim instructor shall take into |
|
consideration: whether a parent or legal guardian is required to be |
|
in the water during the time of instruction with the student, any |
|
student skill level necessary to qualify for a certain class, and |
|
the training and accreditation of a swim school employee as set |
|
forth by this chapter. |
|
(b) A swim school must have available an automated external |
|
defibrillator. |
|
Sec. 769.153. CERTIFICATION AND TRAINING REQUIREMENTS. (a) |
|
Each swim school operator and employee must: |
|
(1) be certified by an accredited entity as a water |
|
safety instructor for teaching swimming techniques to children |
|
after successfully completing training that complies with the |
|
American Red Cross's swimming and water safety training standards; |
|
(2) if the operator or employee provides swim classes |
|
to children younger than five years of age, successfully complete |
|
additional water safety instructor training from an accredited |
|
entity on swimming instruction for the age group taught by the |
|
operator or employee; and |
|
(3) hold certifications from an accredited entity for: |
|
(A) cardiopulmonary resuscitation; and |
|
(B) automated external defibrillator use. |
|
(b) A swim school shall provide training to all employees |
|
in: |
|
(1) the application of first aid; |
|
(2) the prevention and spread of communicable |
|
diseases; and |
|
(3) the industry standard protocols for preventing |
|
drowning. |
|
Sec. 769.157. REPORT OF SERIOUS INCIDENTS AND VIOLATIONS. |
|
(a) In this section, "serious incident" means a suspected or actual |
|
incident that threatens or impairs the basic health, safety, or |
|
well-being of a child. The term includes: |
|
(1) abuse, neglect, exploitation, or death of a child; |
|
(2) a critical injury of a child; and |
|
(3) an illness of a child that requires |
|
hospitalization. |
|
(b) A swim school shall report to the department each |
|
serious incident involving a child who was under the supervision of |
|
the swim school. |
|
(c) The commission by rule shall prescribe the form and |
|
manner in which a swim school must report a serious incident under |
|
this section. |
|
Sec. 769.158. REQUIRED PARENTAL NOTIFICATION OF SERIOUS |
|
INCIDENT. A swim school shall immediately notify a parent of a |
|
child who is involved in a serious incident as defined by Section |
|
769.157 while the child is under supervision of the swim school. |
|
SUBCHAPTER E. ENFORCEMENT |
|
Sec. 769.201. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT |
|
ACTION. A person who violates this chapter or a rule adopted under |
|
this chapter is subject to an administrative penalty or other |
|
penalties and enforcement action in accordance with Subchapters F |
|
and G, Chapter 51, Occupations Code. |
|
SECTION 2. Notwithstanding Chapter 769, Health and Safety |
|
Code, as added by this Act, a person who operates a swim school is |
|
not required to hold a license under that chapter to operate a swim |
|
school in this state before January 1, 2022. |
|
SECTION 3. (a) Except as provided by Subsection (b) of this |
|
section, this Act takes effect September 1, 2021. |
|
(b) Section 769.201, Health and Safety Code, as added by |
|
this Act, takes effect January 1, 2022. |