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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Department of Insurance to |
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publish and maintain a list of certain swim schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 761 to read as follows: |
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CHAPTER 761. SWIM SCHOOLS |
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Sec. 761.001. DEFINITIONS. In this chapter: |
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(1) "Commissioner" means the commissioner of |
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insurance. |
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(2) "Department" means the Texas Department of |
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Insurance. |
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(3) "Instructor" means an individual who for |
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compensation provides swim instruction directly to students on |
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behalf of a swim school. |
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(4) "Student" means a child younger than 18 years of |
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age who receives swim instruction from a swim school. |
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(5) "Swim instruction" means the in-water educational |
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process of teaching an individual to swim. |
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(6) "Swim school" means a company, corporation, |
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partnership, or limited liability corporation that employs two or |
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more employees and provides or offers to provide swim instruction |
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for compensation. |
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Sec. 761.002. SWIM SCHOOL LIST. The department shall |
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publish and maintain on the department's Internet website a list of |
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swim schools that: |
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(1) provide swim instruction to a student; and |
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(2) annually submit a written verification to the |
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department in accordance with Sections 761.003 and 761.004. |
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Sec. 761.003. REQUIRED SUBMISSION OF WRITTEN VERIFICATION |
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FOR INCLUSION ON SWIM SCHOOL LIST. (a) For inclusion on the list |
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maintained by the department under Section 761.002, a swim school |
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that provides swim instruction to a student shall submit to the |
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department, in the form and manner prescribed by department rule, a |
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written verification stating the school: |
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(1) maintains policies and procedures to protect |
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children who receive swim instruction at the school, including |
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policies and procedures that require: |
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(A) the school to maintain an |
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instructor-to-student ratio of at least one instructor for every |
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six students during the provision of beginner or intermediate level |
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swim instruction, unless a parent or other responsible adult is |
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present in the water with a student at all times during instruction; |
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(B) at least one individual who holds |
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certifications in cardiopulmonary resuscitation and first aid |
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issued by an accredited entity to be present at the school during |
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the provision of swim instruction; and |
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(C) the school to maintain, replenish as |
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necessary, and ensure easy access to lifesaving equipment and first |
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aid supplies, including: |
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(i) a rescue tube or ring buoy; |
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(ii) a reaching pole or shepherd's crook; |
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(iii) a spine board; |
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(iv) an automated external defibrillator, |
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as defined by Section 779.001; |
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(v) breathing masks; and |
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(vi) gloves; |
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(2) maintains an emergency action plan tailored to the |
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school's operations for responding to incidents arising from swim |
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instruction; |
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(3) conducts a criminal background check on each of |
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the school's owners and a criminal history record check on each |
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school employee who is 18 years of age or older; and |
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(4) maintains liability insurance under a policy |
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issued by an insurance company authorized to conduct business in |
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this state or by a surplus lines insurer, as defined by Chapter 981, |
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Insurance Code, or under an independently procured policy subject |
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to Chapter 101, Insurance Code, insuring the owner of the swim |
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school against liability for injury to individuals arising out of |
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the operation of the swim school, including the provision of swim |
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instruction to students. |
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(b) A swim school's written verification expires on the |
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first anniversary of the date the department receives the |
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verification. |
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Sec. 761.004. RENEWAL OF WRITTEN VERIFICATION. (a) A swim |
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school must annually submit to the department a written |
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verification described by Section 761.003 to renew the school's |
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inclusion on the list of swim schools maintained by the department |
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under Section 761.002. |
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(b) If the department does not receive a swim school's |
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written verification for renewal on or before the expiration date |
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of the school's current written verification, the department shall |
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remove the swim school from the list of swim schools maintained by |
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the department under Section 761.002. |
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Sec. 761.005. RULES. The commissioner shall adopt the |
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rules necessary to implement this chapter. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the commissioner of insurance shall adopt rules |
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necessary to implement Chapter 761, Health and Safety Code, as |
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added by this Act. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |