88R21191 KKR-F
 
  By: Allison, Garcia, Thimesch H.B. No. 1568
 
  Substitute the following for H.B. No. 1568:
 
  By:  King of Hemphill C.S.H.B. No. 1568
 
 
 
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.