BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 1

89RS20443 KRM-D

By: Perry et al.

 

Disaster Preparedness & Flooding, Select

 

8/20/2025

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 1 is comprehensive legislation intended to address the needs and challenges relating to campground and youth camp safety identified during and after the devastating July 4 floods that inundated Central and West Texas. This bill incorporates significant feedback received from the families of the children lost at Camp Mystic.

 

To better prepare campgrounds of all types�including youth camps�for natural disasters, S.B. 1 implements basic campground safety requirements. These requirements include:

 

 

 

 

 


To better prepare youth camps, specifically, for emergencies, S.B. 1 implements heightened requirements applicable only to youth camps. These requirements include:

 

 

 

 

 

 

 

 

 

 

 

 


Lastly, S.B. 1 increases transparency by requiring DSHS to post, update, and maintain on its website a list of all youth camps in the state with active licenses from DSHS.

 

(Original Author's/Sponsor's Statement of Intent)

 

C.S.S.B. 1 amends current law relating to campground and youth camp safety.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 4 (Section 141.0091, Health and Safety Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Authorizes this Act to be cited as the Heaven's 27 Camp Safety Act.

 

SECTION 2. Amends Section 141.002, Health and Safety Code, by amending Subdivision (1) and adding Subdivisions (1-a), (2-a), and (2-b) to define "cabin," "floodplain," and "governmental entity."

 

SECTION 3. Amends Section 141.005(a), Health and Safety Code, as follows:

 

(a) Requires a person holding a license issued under Chapter 141 (Youth Camps) to submit a renewal application not later than the 30th day after the date the person alters the boundaries of a youth camp operated by the person, completes construction of one or more new cabins located on the premises of a youth camp operated by the person, or completes any renovation to one or more existing cabins located on the premises of a youth camp operated by the person that increases or decreases the number of beds in an affected cabin or alters the method of ingress or egress to an affected cabin. Makes nonsubstantive changes.

 

SECTION 4. Amends Chapter 141, Health and Safety Code, by adding Sections 141.0052, 141.0056, 141.0091, and 141.0092, as follows:

 

Sec. 141.0052. PROHIBITED LICENSURE OF YOUTH CAMPS WITHIN FLOODPLAIN; EXCEPTION. (a) Prohibits the Department of State Health Services (DSHS) from issuing or renewing a youth camp license for a youth camp that operates one or more cabins located within a floodplain.

 

(b) Authorizes DSHS, notwithstanding Subsection (a), to issue or renew a license to a youth camp described by Subsection (a) if each cabin is only located within a floodplain as a result of the cabin's proximity to a lake, pond, or other still body of water that is not connected to a stream, river, or other watercourse or is dammed.

 

Sec. 141.0056. ONLINE YOUTH CAMP REGISTRY. Requires DSHS to post, maintain, and update on DSHS's Internet website a list of each youth camp with an active license issued under this chapter.

 

Sec. 141.0091. ADDITIONAL HEALTH AND SAFETY STANDARDS. (a) Requires the executive commissioner of the Health and Human Services Commission (executive commissioner), as part of the health and safety standards established under Section 141.009 (Standards), by rule to make applicable to a youth camp the requirements of Chapter 762 in the same manner as those requirements apply to a campground under that chapter.

 

(b) Requires the executive commissioner by rule to require a youth camp operator in the emergency evacuation plan the operator develops for a youth camp as required under Section 762.002 to specify muster zones for campers and camp staff to gather in an emergency event that requires evacuation from any location within the premises of the camp, establish procedures for responding to an emergency event, other than certain events addressed by Section 762.002, establish procedures to identify and account for each camper affected by the emergency event, establish procedures to notify and communicate with certain persons, and designate a camp emergency preparedness coordinator.

 

(c) Requires the executive commissioner by rule to require a youth camp operator to maintain operable radios capable of providing real-time weather alerts issued by the National Weather Service or a similar professional weather service in each cabin, install and maintain at the camp an emergency warning system that is capable of alerting all campers and camp occupants of an emergency and includes a public address system operable without reliance on an Internet connection, monitor safety alerts issued by the National Weather Service or a similar professional weather service and by local river authorities, if applicable to the camp, or through other local emergency notification systems, and certify the operator's compliance with this subsection.

 

(d) Requires a youth camp operator, in developing an emergency preparedness plan under Subsection (a), to annually submit the initial or updated plan to DSHS for approval in the form and manner DSHS prescribes.

 

(e) Requires the youth camp operator, if DSHS determines an emergency preparedness plan submitted under this section or Section 762.002 does not meet the minimum standards prescribed by DSHS rules under this section, to revise and resubmit the plan not later than the 90th day after the date the operator receives notice from DSHS of the plan's deficiencies.

 

(f) Requires a youth camp operator to include any revised emergency plan resubmitted under Subsection (e) as an attachment to each application to renew the operator's license under Section 141.005 (License Renewal).

 

(g) Requires a youth camp operator, notwithstanding Section 762.002(c), not later than the 10th business day following the date DSHS approves the operator's emergency plan or, if DSHS determines the plan is deficient under Subsection (e), the operator's revised emergency plan, to provide a copy of the plan to:

 

(1) for a campground located in a municipality, the emergency management director or coordinator designated under Section 418.1015 (Emergency Management Directors), Government Code, for the municipality; and

 

(2) the emergency management director or coordinator designated under Section 418.1015, Government Code, for the county.

 

(h) Authorizes a youth camp operator, in developing an emergency plan under this section, to consult with an emergency management director or emergency management coordinator described by Subsection (g).

 

(i) Requires DSHS to store in a digital database each emergency plan submitted under this section or Section 762.002 and provide access to that database to the Texas Division of Emergency Management (TDEM).

 

(j) Requires a youth camp operator to:

 

(1) make available the most recent version of an emergency plan submitted under this section to the parent or legal guardian of a camper who is participating in a camp session or a prospective camper who is registered to participate in a future camp session; and

 

(2) notify the parent or legal guardian of a camper or prospective camper described by Subdivision (1) if any part of the camp is located within a floodplain.

 

(k) Requires the youth camp operator or a camp staff member, not more than 48 hours after each camp session begins, to conduct a mandatory safety orientation that notifies each camper of the camp's boundaries and any hazards present on the camp's premises, instructs each camper on behavioral expectations in an emergency event, and trains each camper on the appropriate actions and procedures to follow in an emergency event, in accordance with the camp's emergency plan required under this section and Section 762.002.

 

(l) Requires a youth camp operator, at least once a year, to:

 

(1) provide each camp staff member and volunteer with a copy of the camp's most recent emergency plan;

 

(2) train each camp staff member and volunteer on the contents of the camp's emergency plan;

 

(3) instruct each camp staff member and volunteer on the proper procedures to follow in an emergency event under the camp's emergency plan; and

 

(4) maintain written records documenting each camp staff member's and volunteer's successful completion of the training required under this subsection.

 

(m) Requires a youth camp operator to conspicuously post in each cabin the proper evacuation route described in the camp's emergency plan under this section and Section 762.002 and ensure each evacuation route on the camp premises, described in the emergency plan under this section and Section 762.002, is illuminated at night.

 

(n) Prohibits DSHS, notwithstanding Section 141.0025 (Waiver; Appeal), from granting a waiver from a requirement prescribed under this section or Chapter 762.

 

(o) Provides that an emergency plan submitted to, received by, or accessed by DSHS, TDEM, an emergency management director or coordinator designated under Section 418.1015, Government Code, or any other governmental entity under this section is confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code.

 

Sec. 141.0092. REDUNDANT INTERNET CONNECTIONS REQUIRED. (a) Defines "broadband service."

 

(b) Requires a youth camp operator to provide and maintain for a youth camp:

 

(1) Internet services through a broadband service that connects to the Internet using end-to-end fiber optic facilities; and

 

(2) a secondary Internet connection through a broadband service distinct from the service described under Subdivision (1).

 

SECTION 5. Amends Subtitle A, Title 9, Health and Safety Code, by adding Chapter 762, as follows:

 

CHAPTER 762. CAMPGROUND SAFETY

 

Sec. 762.001. DEFINITIONS. Defines "cabin," "campground," "campground operator," "floodplain," and "governmental entity."

 

Sec. 762.002. FLOODPLAIN SAFETY REQUIREMENTS. (a) Requires a campground operator to:

 

(1) install and maintain in each campground cabin located within the floodplain an emergency ladder capable of providing access to the cabin's roof; and

 

(2) develop an emergency evacuation plan for:

 

(A) evacuating on issuance of a flash flood or flood warning campground occupants who are at a campground area within the floodplain;

 

(B) evacuating campground occupants on issuance of an evacuation order by the emergency management director or coordinator designated under Section 418.1015, Government Code, for the county or, if applicable, the municipality in which the campground is located, due to a wildfire, hurricane, or other disaster; and

 

(C) sheltering campground occupants in place on issuance of a tornado warning or an order to shelter in place issued by the emergency management director or coordinator for the county or, if applicable, the municipality in which the campground is located.

 

(b) Requires a campground operator to implement the emergency evacuation plan developed under Subsection (a)(2)(A) on issuance by the National Weather Service of a flash flood or flood warning for an area of the campground and implement the emergency evacuation plan developed under Subsection (a)(2)(C) on issuance by the National Weather Service of a tornado warning for an area of the campground.

 

(c) Requires a campground operator to send a copy of an emergency evacuation plan developed under Subsection (a)(2) to, for a campground located in a municipality, the emergency management director or coordinator designated under Section 418.1015, Government Code, for the municipality and the emergency management director or coordinator designated under Section 418.1015, Government Code, for the county.

 

(d) Provides that an emergency plan submitted to, received by, or accessed by an emergency management director or coordinator under Section 418.1015, Government Code, or any governmental entity under this section is confidential and not subject to disclosure under Chapter 552, Government Code.

 

Sec. 762.003. FIRE PROTECTION STANDARDS. (a) Provides that this section does not apply to a campground owned or controlled by a governmental entity.

 

(b) Requires a campground to comply with the National Fire Protection Association 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2021 Edition, other than Sections 1.1.1 and 5.1.1.1.

 

(c) Provides that a governmental entity is authorized to adopt a policy, rule, ordinance, or order to regulate environmental health and sanitation, electrical distribution system safety, liquefied petroleum gas storage and dispensing safety, or fire protection only if the policy, rule, ordinance, or order does not impose standards more stringent than the standards described under Subsection (b).

 

SECTION 6. Repealer: Section 141.0035(b) (relating to requiring DSHS, before the executive commissioner adopts or amends a rule, to solicit comments and information from the operators of affected youth camps and allow affected operators to meet with appropriate DSHS staff involved with rulemaking), Health and Safety Code.

 

SECTION 7. Requires the executive commissioner, not later than January 1, 2026, to adopt the rules required by Section 141.0091, Health and Safety Code, as added by this Act.

 

SECTION 8. Provides that, notwithstanding Section 141.0091, Health and Safety Code, as added by this Act, a youth camp operator is not required to submit an emergency plan to DSHS until April 1, 2026.

 

SECTION 9. Effective date: upon passage or the 91st day after the last day of the legislative session.