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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of child swim instruction |
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operators; requiring an occupational license; imposing penalties, |
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including administrative penalties; authorizing fees. |
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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 769 to read as follows: |
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CHAPTER 769. REGULATION OF SWIM INSTRUCTION OPERATORS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 769.001. SHORT TITLE. This chapter may be cited as the |
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Mitchell Chang Swim Safety Act. |
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Sec. 769.002. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(3) "Health care professional" means a licensed |
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physician, licensed physician assistant, licensed advanced |
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practice registered nurse, licensed vocational nurse, registered |
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nurse, or other individual licensed to provide health care within |
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the scope of the license. |
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(4) "Instructor" means an individual who provides swim |
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instruction. |
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(5) "Operator" means a company, corporation, |
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partnership, or sole proprietorship that provides swim instruction |
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in the ordinary course of business. |
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(6) "Serious incident" means a circumstance occurring |
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in the course of swim instruction that requires attention by a |
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health care professional. The term includes: |
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(A) abuse, neglect, exploitation, or death of a |
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student; |
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(B) a critical injury of a student; and |
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(C) an illness of a student that requires |
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hospitalization. |
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(7) "Student" means a child who is six years of age or |
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younger and receives swim instruction. |
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Sec. 769.003. APPLICABILITY OF CHAPTER; EXEMPTIONS. (a) |
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Subject to Subsection (b), this chapter applies only to an operator |
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that provides swim instruction to students who are six years of age |
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or younger in a group of three or more students, regardless of |
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whether a parent is present at the time of instruction. |
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(b) This chapter does not apply to swim instruction provided |
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to students by: |
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(1) a political subdivision as defined by Section |
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172.003, Local Government Code; or |
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(2) a child-care facility the Health and Human |
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Services Commission licenses. |
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Sec. 769.004. APPLICABILITY OF OTHER LAW. Chapter 51, |
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Occupations Code, applies to an operator licensed under this |
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chapter. |
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SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES |
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Sec. 769.051. REGULATION BY DEPARTMENT. The department shall |
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administer and enforce this chapter. |
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Sec. 769.052. RULES. The commission shall adopt rules to |
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administer and enforce this chapter, including rules prescribing: |
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(1) operating standards; and |
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(2) minimum safety and training requirements. |
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Sec. 769.053. FEES. The commission by rule shall set |
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license, application, and renewal fees in the amounts reasonable |
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and necessary to cover the department's costs in administering this |
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chapter. |
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Sec. 769.054. COMPLAINTS SUBMITTED TO DEPARTMENT. (a) A |
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person may submit a complaint to the department concerning an |
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operator or an operator's employee or instructor. |
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(b) The department may investigate a complaint submitted |
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under this section in accordance with Subchapter E, Chapter 51, |
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Occupations Code. |
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Sec. 769.055. INSPECTION BY DEPARTMENT. (a) The |
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department may inspect an operator's place of business or other |
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location where the operator provides swim instruction on the |
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department's receipt of a complaint about the operator or a report |
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of a serious incident that the department determines warrants |
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further investigation and inspection. |
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(b) An authorized representative of the department may |
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visit an operator's place of business or other location where the |
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operator provides swim instruction during operating hours to |
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investigate, inspect, and evaluate compliance with the |
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department's operating standards, including safety and training |
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requirements. |
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(c) Following an inspection, the department shall review |
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the results of the inspection with the operator, notify the |
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operator of any violations found during the inspection, and provide |
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the operator an opportunity to respond to the inspection results. |
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(d) The department shall provide an operator 15 business |
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days after the date the operator is notified of a violation under |
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Subsection (c) to cure the violation unless the violation is |
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related to a serious incident. If the operator fails to cure the |
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violation during that period, the department may take |
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administrative action against the operator under Subchapter E. |
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Sec. 769.056. SEARCHABLE DATABASE. The department shall |
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maintain on the department's Internet website a searchable database |
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that contains information on each operator the department licenses, |
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including: |
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(1) the name of the operator; |
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(2) a record of all substantiated serious incidents |
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reported under Section 769.153 or discovered by the department |
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within the preceding five years; and |
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(3) results of inspections conducted by the department |
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within the preceding five years, and whether a violation identified |
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during an inspection was successfully cured by the operator within |
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the prescribed period. |
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SUBCHAPTER C. LICENSE REQUIREMENTS |
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Sec. 769.101. LICENSE REQUIRED. A person may not operate as |
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a swim instruction operator unless the person holds a license |
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issued under this chapter. |
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Sec. 769.102. LICENSE APPLICATION AND ISSUANCE; FEE. (a) A |
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person may submit to the department in the form and manner |
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prescribed by commission rule an application for an operator's |
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license under this chapter. |
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(b) The department shall issue an operator's license to an |
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applicant who: |
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(1) submits to the department a completed license |
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application and the required nonrefundable application fee; and |
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(2) satisfies the licensing requirements under this |
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chapter and rules adopted under this chapter. |
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Sec. 769.103. TERM AND LICENSE RENEWAL. (a) Unless revoked |
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or suspended, an operator's license issued under this chapter is |
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valid for two years. |
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(b) To renew a license, a license holder must submit to the |
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department in the form and manner prescribed by commission rule an |
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application for license renewal. |
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(c) The department shall renew the operator's license of a |
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license holder who: |
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(1) submits a completed renewal application and the |
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required renewal fee; and |
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(2) complies with this chapter and rules adopted under |
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this chapter. |
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Sec. 769.104. REQUIRED SEARCH OF CENTRAL REGISTRY OF |
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REPORTED CASES OF CHILD ABUSE OR NEGLECT. The department may not |
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issue or renew an operator's license under this chapter unless the |
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operator provides documentation to the department showing that the |
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operator: |
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(1) searched or requested a search of the central |
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registry of substantiated cases of child abuse or neglect |
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established under Section 261.002, Family Code; |
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(2) determined the operator and the operator's |
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employees and instructors present during swim instruction |
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operating hours are not listed in the registry as a person who |
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abused or neglected a child; and |
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(3) maintains records regarding the searches |
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conducted under this section. |
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Sec. 769.105. CRIMINAL HISTORY RECORD INFORMATION. The |
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department may not issue or renew a license under this chapter |
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unless the department conducts a check of the criminal history |
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record information for the operator. |
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Sec. 769.106. EDUCATION AND OUTREACH. The department may: |
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(1) develop training and educational materials |
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related to child swim safety; and |
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(2) provide training and educational materials and |
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opportunities to operators, operators' employees and instructors, |
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and the public. |
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SUBCHAPTER D. OPERATIONAL STANDARDS |
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Sec. 769.151. MINIMUM SAFETY REQUIREMENTS. An operator |
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must comply with minimum safety requirements prescribed by |
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commission rule for: |
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(1) swim instructor to student ratios during student |
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swim instruction; and |
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(2) training and certification requirements for |
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instructors. |
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Sec. 769.152. CERTIFICATION AND TRAINING REQUIREMENTS. (a) |
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Each manager and instructor for the operator must: |
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(1) be certified to teach swimming techniques to |
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students after successfully completing training that complies with |
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the swim instructor training standards established by the American |
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Red Cross, the YMCA, or another entity the department approves |
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whose swim instructor training standards are substantially the same |
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as those established by the American Red Cross or the YMCA; and |
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(2) hold certifications from the American Red Cross, |
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the American Heart Association, or another nationally recognized |
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entity the department approves for: |
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(A) cardiopulmonary resuscitation; and |
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(B) automated external defibrillator use. |
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(b) An operator shall provide basic training to all |
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employees in: |
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(1) basic water rescue techniques; and |
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(2) the provision of first aid. |
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(c) An operator shall maintain records of the |
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certifications and training required by this section in the manner |
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prescribed by commission rule. |
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Sec. 769.153. REPORT OF SERIOUS INCIDENTS. (a) An operator |
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shall report to the department each serious incident involving a |
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student who was under the supervision of an operator or an |
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operator's employee or instructor. |
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(b) The commission by rule shall prescribe the form and |
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manner in which an operator must report a serious incident under |
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this section. |
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SUBCHAPTER E. ENFORCEMENT |
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Sec. 769.201. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT |
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ACTION. (a) A person who violates this chapter or a rule adopted |
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under this chapter is subject to an administrative penalty or other |
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penalties and enforcement action in accordance with Subchapters F |
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and G, Chapter 51, Occupations Code. |
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(b) An administrative penalty may not exceed $500 per day |
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for each violation. Each day a violation continues is a separate |
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violation for purposes of imposing a penalty. |
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SECTION 2. Section 51.2031(a), Occupations Code, is amended |
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to read as follows: |
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(a) This section applies only to the regulation of the |
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following professions by the department: |
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(1) athletic trainers; |
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(2) behavior analysts; |
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(3) dietitians; |
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(4) hearing instrument fitters and dispensers; |
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(5) midwives; |
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(6) orthotists and prosthetists; [and] |
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(7) speech-language pathologists and audiologists; |
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and |
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(8) swim instruction operators licensed under Chapter |
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769, Health and Safety Code. |
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SECTION 3. (a) Not later than June 1, 2024, the Texas |
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Commission of Licensing and Regulation shall adopt the rules |
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required by Chapter 769, Health and Safety Code, as added by this |
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Act. |
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(b) Notwithstanding Chapter 769, Health and Safety Code, as |
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added by this Act, a person is not required to hold a license under |
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that chapter before September 1, 2024. |
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(c) Subchapters F and G, Chapter 51, Occupations Code, do |
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not apply to conduct described by Section 769.101, Health and |
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Safety Code, as added by this Act, before September 1, 2024. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2023. |
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(b) Sections 769.105 and 769.106, Health and Safety Code, as |
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added by this Act, take effect September 1, 2024. |