| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the licensing and regulation of child swim instruction |
|
|
operators; requiring an occupational license; 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 SWIM INSTRUCTION OPERATORS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 769.001. SHORT TITLE. This chapter may be cited as the |
|
|
Mitchell Chang Swim Safety Act. |
|
|
Sec. 769.002. DEFINITIONS. In this chapter: |
|
|
(1) "Commission" means the Texas Commission of |
|
|
Licensing and Regulation. |
|
|
(2) "Controlling person" means a person listed in |
|
|
Section 51.409(a)(5), Occupations Code. |
|
|
(3) "Department" means the Texas Department of |
|
|
Licensing and Regulation. |
|
|
(4) "Executive director" means the executive director |
|
|
of the department. |
|
|
(5) "Instructor" means an individual who for |
|
|
compensation provides swim instruction directly to students on |
|
|
behalf of an operator. |
|
|
(6) "Operator" means a company, corporation, |
|
|
partnership, or limited liability corporation that employs two or |
|
|
more employees and provides or offers to provide swim instruction |
|
|
for compensation. |
|
|
(7) "Serious incident" means a suspected or actual |
|
|
incident that occurs during and as a direct result of swim |
|
|
instruction and that threatens or impairs the health, safety, or |
|
|
well-being of a student. The term includes: |
|
|
(A) abuse, neglect, exploitation, or death of a |
|
|
student; |
|
|
(B) a critical injury of a student; and |
|
|
(C) an illness of a student that requires |
|
|
hospitalization. |
|
|
(8) "Student" means a child who is younger than seven |
|
|
years of age. |
|
|
(9) "Swim instruction" means the in-water educational |
|
|
process of teaching an individual to swim. |
|
|
Sec. 769.003. APPLICABILITY OF CHAPTER; EXEMPTIONS. (a) |
|
|
Subject to Subsection (b), this chapter applies only to an operator |
|
|
who provides swim instruction to a group of three or more students |
|
|
at one time. |
|
|
(b) This chapter does not apply to swim instruction provided |
|
|
to students by: |
|
|
(1) a youth camp licensed under Chapter 141; |
|
|
(2) a child-care facility licensed under Chapter 42, |
|
|
Human Resources Code; or |
|
|
(3) a political subdivision as defined by Section |
|
|
172.003, Local Government Code. |
|
|
SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES |
|
|
Sec. 769.051. REGULATION BY DEPARTMENT; RULES. (a) The |
|
|
department shall administer and enforce this chapter. |
|
|
(b) The commission shall adopt rules as necessary to |
|
|
implement this chapter, including rules prescribing: |
|
|
(1) operating standards; |
|
|
(2) qualifications for an operator's license; |
|
|
(3) requirements to renew an operator's license; and |
|
|
(4) minimum safety and training requirements. |
|
|
Sec. 769.052. FEES. The commission by rule shall set fees |
|
|
in the amounts reasonable and necessary to cover the costs of |
|
|
administering this chapter. |
|
|
Sec. 769.053. PUBLIC ACCESS TO INSPECTION REPORTS. An |
|
|
operator shall make available to the public on request a copy of any |
|
|
inspection report issued to the operator by the department in the |
|
|
preceding two years. |
|
|
SUBCHAPTER C. LICENSE REQUIREMENTS |
|
|
Sec. 769.101. LICENSE REQUIRED. A person may not operate as |
|
|
a swim instruction operator unless the person holds a license |
|
|
issued 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 an operator's |
|
|
license under this chapter. |
|
|
(b) The department shall issue an operator's license to an |
|
|
applicant who: |
|
|
(1) submits to the department a completed license |
|
|
application and the required nonrefundable application fee; and |
|
|
(2) satisfies the licensing requirements under this |
|
|
chapter and rules adopted under this chapter. |
|
|
Sec. 769.103. TERM AND LICENSE RENEWAL. (a) Unless revoked |
|
|
or suspended, an operator's license issued under this chapter is |
|
|
valid for two years. |
|
|
(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) The department shall renew the operator's 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 CRIMINAL HISTORY RECORD INFORMATION |
|
|
CHECK. The department shall perform a criminal history record |
|
|
information check on each applicant for an operator's license and |
|
|
on any controlling person of the applicant's company, corporation, |
|
|
partnership, or limited liability corporation. |
|
|
SUBCHAPTER D. OPERATIONAL STANDARDS |
|
|
Sec. 769.151. MINIMUM SAFETY REQUIREMENTS. The commission |
|
|
by rule shall establish minimum safety requirements for operators, |
|
|
including requirements on: |
|
|
(1) instructor to student ratios during the provision |
|
|
of swim instruction; |
|
|
(2) training and certification for instructors; and |
|
|
(3) available and operational automated external |
|
|
defibrillators, as defined by Section 779.001. |
|
|
Sec. 769.152. CERTIFICATION AND TRAINING REQUIREMENTS. (a) |
|
|
Each manager and instructor for the operator must: |
|
|
(1) be certified to teach swimming techniques to |
|
|
students after successfully completing training that complies with |
|
|
the swim instructor training standards established by the American |
|
|
Red Cross, the YMCA, or another entity the department approves |
|
|
whose swim instructor training standards are substantially the same |
|
|
as those established by the American Red Cross or the YMCA; and |
|
|
(2) hold certifications from the American Red Cross, |
|
|
the American Heart Association, or another nationally recognized |
|
|
entity the department approves for: |
|
|
(A) cardiopulmonary resuscitation; and |
|
|
(B) automated external defibrillator use. |
|
|
(b) An operator shall provide basic training to all |
|
|
employees in: |
|
|
(1) basic water rescue techniques; and |
|
|
(2) the provision of first aid. |
|
|
(c) An operator shall maintain records of the |
|
|
certifications and training required by this section in the manner |
|
|
prescribed by commission rule. |
|
|
Sec. 769.153. REPORT OF SERIOUS INCIDENTS. (a) An operator |
|
|
shall report to the department each serious incident involving a |
|
|
student who was under the supervision of an operator or an |
|
|
operator's employee or instructor. |
|
|
(b) The commission by rule shall prescribe the form and |
|
|
manner in which an operator must report a serious incident under |
|
|
this section. |
|
|
Sec. 769.154. REQUIRED EMPLOYEE CRIMINAL HISTORY RECORD |
|
|
INFORMATION CHECK. (a) Before an operator may hire an instructor |
|
|
or any other individual who will interact with students in the |
|
|
course and scope of the individual's employment, the operator shall |
|
|
perform a criminal history record information check on the |
|
|
individual. |
|
|
(b) An operator may not hire an instructor or any other |
|
|
individual who will interact with students in the course and scope |
|
|
of the individual's employment if the individual has been convicted |
|
|
of an offense under Title 5, Penal Code, or Chapter 43, Penal Code, |
|
|
involving an individual who is younger than 18 years of age. |
|
|
SUBCHAPTER E. ENFORCEMENT |
|
|
Sec. 769.201. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY |
|
|
ACTION. An applicant for an operator's license or a license holder |
|
|
may be subject to denial of a license application or disciplinary |
|
|
action, as applicable, if the applicant or license holder or a |
|
|
controlling person of the applicant's or license holder's company, |
|
|
corporation, partnership, or limited liability corporation: |
|
|
(1) violates this chapter, a commission rule, or an |
|
|
order of the commission or the executive director; |
|
|
(2) obtains an operator's license by means of fraud, |
|
|
misrepresentation, or concealment of a material fact; |
|
|
(3) sells, barters, or offers to sell or barter an |
|
|
operator's license; or |
|
|
(4) is convicted of, or employs an instructor or any |
|
|
other individual who interacts with students in the course and |
|
|
scope of the individual's employment and who has been convicted of, |
|
|
an offense under Title 5, Penal Code, or Chapter 43, Penal Code, |
|
|
involving a child who is younger than 18 years of age. |
|
|
Sec. 769.202. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT |
|
|
ACTION. (a) 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. |
|
|
(b) An administrative penalty may not exceed $500 per day |
|
|
for each violation. Each day a violation continues is a separate |
|
|
violation for purposes of imposing a penalty. |
|
|
SECTION 2. This Act takes effect September 1, 2024. |