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  88R2900 KKR-F
 
  By: Allison 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)  "Department" means the Texas Department of
  Licensing and Regulation.
               (3)  "Health care professional" means a licensed
  physician, licensed physician assistant, licensed advanced
  practice registered nurse, licensed vocational nurse, registered
  nurse, or other individual licensed to provide health care within
  the scope of the license.
               (4)  "Instructor" means an individual who provides swim
  instruction.
               (5)  "Operator" means a company, corporation,
  partnership, or sole proprietorship that provides swim instruction
  in the ordinary course of business.
               (6)  "Serious incident" means a circumstance occurring
  in the course of swim instruction that requires attention by a
  health care professional. 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.
               (7)  "Student" means a child who is six years of age or
  younger and receives swim instruction.
         Sec. 769.003.  APPLICABILITY OF CHAPTER; EXEMPTIONS. (a)
  Subject to Subsection (b), this chapter applies only to an operator
  that provides swim instruction to students who are six years of age
  or younger in a group of three or more students, regardless of
  whether a parent is present at the time of instruction.
         (b)  This chapter does not apply to swim instruction provided
  to students by:
               (1)  a political subdivision as defined by Section
  172.003, Local Government Code; or
               (2)  a child-care facility the Health and Human
  Services Commission licenses.
         Sec. 769.004.  APPLICABILITY OF OTHER LAW. Chapter 51,
  Occupations Code, applies to an operator licensed under this
  chapter.
  SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES
         Sec. 769.051. REGULATION BY DEPARTMENT.  The department shall
  administer and enforce this chapter.
         Sec. 769.052. RULES. The commission shall adopt rules to
  administer and enforce this chapter, including rules prescribing:
               (1)  operating standards; and
               (2)  minimum safety and training requirements.
         Sec. 769.053.  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. 769.054.  COMPLAINTS SUBMITTED TO DEPARTMENT. (a) A
  person may submit a complaint to the department concerning an
  operator or an operator's employee or instructor.
         (b)  The department may investigate a complaint submitted
  under this section in accordance with Subchapter E, Chapter 51,
  Occupations Code.
         Sec. 769.055.  INSPECTION BY DEPARTMENT. (a) The
  department may inspect an operator's place of business or other
  location where the operator provides swim instruction on the
  department's receipt of a complaint about the operator or a report
  of a serious incident that the department determines warrants
  further investigation and inspection.
         (b)  An authorized representative of the department may
  visit an operator's place of business or other location where the
  operator provides swim instruction during operating hours to
  investigate, inspect, and evaluate compliance with the
  department's operating standards, including safety and training
  requirements.
         (c)  Following an inspection, the department shall review
  the results of the inspection with the operator, notify the
  operator of any violations found during the inspection, and provide
  the operator an opportunity to respond to the inspection results.
         (d)  The department shall provide an operator 15 business
  days after the date the operator is notified of a violation under
  Subsection (c) to cure the violation unless the violation is
  related to a serious incident.  If the operator fails to cure the
  violation during that period, the department may take
  administrative action against the operator under Subchapter E.
         Sec. 769.056.  SEARCHABLE DATABASE. The department shall
  maintain on the department's Internet website a searchable database
  that contains information on each operator the department licenses,
  including:
               (1)  the name of the operator;
               (2)  a record of all substantiated serious incidents
  reported under Section 769.153 or discovered by the department
  within the preceding five years; and
               (3)  results of inspections conducted by the department
  within the preceding five years, and whether a violation identified
  during an inspection was successfully cured by the operator within
  the prescribed period.
  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 SEARCH OF CENTRAL REGISTRY OF
  REPORTED CASES OF CHILD ABUSE OR NEGLECT. The department may not
  issue or renew an operator's license under this chapter unless the
  operator provides documentation to the department showing that the
  operator:
               (1)  searched or requested a search of the central
  registry of substantiated cases of child abuse or neglect
  established under Section 261.002, Family Code;
               (2)  determined the operator and the operator's
  employees and instructors present during swim instruction
  operating hours are not listed in the registry as a person who
  abused or neglected a child; and
               (3)  maintains records regarding the searches
  conducted under this section.
         Sec. 769.105.  CRIMINAL HISTORY RECORD INFORMATION.  The
  department may not issue or renew a license under this chapter
  unless the department conducts a check of the criminal history
  record information for the operator.
         Sec. 769.106.  EDUCATION AND OUTREACH. The department may:
               (1)  develop training and educational materials
  related to child swim safety; and
               (2)  provide training and educational materials and
  opportunities to operators, operators' employees and instructors,
  and the public.
  SUBCHAPTER D. OPERATIONAL STANDARDS
         Sec. 769.151.  MINIMUM SAFETY REQUIREMENTS. An operator
  must comply with minimum safety requirements prescribed by
  commission rule for:
               (1)  swim instructor to student ratios during student
  swim instruction; and
               (2)  training and certification requirements for
  instructors.
         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.
  SUBCHAPTER E. ENFORCEMENT
         Sec. 769.201.  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.  Section 51.2031(a), Occupations Code, is amended
  to read as follows:
         (a)  This section applies only to the regulation of the
  following professions by the department:
               (1)  athletic trainers;
               (2)  behavior analysts;
               (3)  dietitians;
               (4)  hearing instrument fitters and dispensers;
               (5)  midwives;
               (6)  orthotists and prosthetists; [and]
               (7)  speech-language pathologists and audiologists;
  and
               (8)  swim instruction operators licensed under Chapter
  769, Health and Safety Code.
         SECTION 3.  (a) Not later than June 1, 2024, the Texas
  Commission of Licensing and Regulation shall adopt the rules
  required by Chapter 769, Health and Safety Code, as added by this
  Act.
         (b)  Notwithstanding Chapter 769, Health and Safety Code, as
  added by this Act, a person is not required to hold a license under
  that chapter before September 1, 2024.
         (c)  Subchapters F and G, Chapter 51, Occupations Code, do
  not apply to conduct described by Section 769.101, Health and
  Safety Code, as added by this Act, before September 1, 2024.
         SECTION 4.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2023.
         (b)  Sections 769.105 and 769.106, Health and Safety Code, as
  added by this Act, take effect September 1, 2024.