88R3348 MCF-D
  By: Zaffirini, Perry S.B. No. 591
  relating to child water safety requirements for certain
  organizations; authorizing disciplinary action, including an
  administrative penalty.
         SECTION 1.  This Act may be cited as Cati's Act.
         SECTION 2.  Subchapter D, Chapter 341, Health and Safety
  Code, is amended by adding Section 341.0646 to read as follows:
  ORGANIZATIONS. (a)  In this section:
               (1)  "Body of water" means an artificial or natural
  body of water, including a swimming pool, lake, or river, typically
  used for recreational swimming, bathing, or play.  The term does not
  include a wading pool.
               (2)  "Child" means an individual younger than 12 years
  of age.
               (3)  "Organized water activity" means an activity an
  organization conducts in which a participant will enter or travel
  on a body of water as part of the activity.
               (4)  "Wading pool" means a pool, including a pool that
  contains a public interactive water feature and fountain as defined
  by department rule, with a maximum water depth of not more than 18
         (b)  This section does not apply to:
               (1)  a youth camp licensed under Chapter 141; or
               (2)  a residential child-care facility as defined by
  Section 42.002, Human Resources Code.
         (c)  An organization, including a day camp, youth camp,
  school, preschool, kindergarten, nursery school, child-care
  facility as defined by Section 42.002, Human Resources Code, or any
  other facility providing child-care services licensed by the Health
  and Human Services Commission that authorizes a child to engage in
  an organized water activity shall:
               (1)  require the child's parent or legal guardian to
  affirm in writing whether the child is able to swim or is at risk of
  injury or death when swimming or otherwise accessing a body of
  water; and
               (2)  except as provided by Subsection (d):
                     (A)  provide to each child who is unable to swim or
  is at risk of injury or death when swimming or otherwise entering a
  body of water a properly fitted and fastened Type I, II, or III
  United States Coast Guard approved personal flotation device or a
  device the executive commissioner determines is equivalent; and
                     (B)  ensure the child is wearing the personal
  flotation device and the device is properly fitted and fastened for
  the child.
         (d)  The organization is not required to provide a child with
  a flotation device or ensure the child is wearing the device under
  Subsection (c)(2) if:
               (1)  the child is actively participating in swim
  instruction; and
               (2)  the organization ensures each child participating
  in the instruction is closely supervised during the instruction.
         (e)  An organization licensed or otherwise regulated by this
  state that violates this section or rules adopted under this
  section is subject to disciplinary action, including the imposition
  of an administrative penalty, by any state regulatory agency with
  the power to impose disciplinary action on that organization as if
  the organization violated the agency's licensing or other
  regulatory laws or rules.
         (f)  The executive commissioner may adopt rules necessary to
  implement this section.
         SECTION 3.  This Act takes effect September 1, 2023.