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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 younger than 12 years |
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of age. |
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(3) "Organized water activity" means an activity an |
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organization conducts in which a participant will enter or travel |
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on a body of water as part of the activity. |
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(4) "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: |
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(1) a youth camp licensed under Chapter 141; or |
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(2) a residential child-care facility as defined by |
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Section 42.002, Human Resources Code. |
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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 authorizes a child to engage in |
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an organized water activity 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) except as provided by Subsection (d): |
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(A) provide to each child who is unable to swim or |
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is at risk of injury or death when swimming or otherwise entering a |
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body of water a properly fitted and fastened Type I, II, or III |
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United States Coast Guard approved personal flotation device or a |
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device the executive commissioner determines is equivalent; and |
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(B) ensure the child is wearing the personal |
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flotation device and the device is properly fitted and fastened for |
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the child. |
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(d) The organization is not required to provide a child with |
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a flotation device or ensure the child is wearing the device under |
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Subsection (c)(2) 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 each child participating |
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in the instruction is closely supervised during the instruction. |
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(e) 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 impose disciplinary action on that organization as if |
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the organization violated the agency's licensing or other |
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regulatory laws or rules. |
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(f) 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, 2023. |