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A BILL TO BE ENTITLED
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AN ACT
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relating to campground and youth camp safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Heaven's 27 Camp |
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Safety Act. |
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SECTION 2. Section 141.002, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (1-a), |
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(2-a), and (2-b) to read as follows: |
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(1) "Cabin" means a structure used to provide |
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temporary sleeping quarters for campers. |
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(1-a) "Camper" means a minor who is attending a youth |
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camp on a day care or boarding basis. |
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(2-a) "Floodplain" has the meaning assigned by Section |
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762.001. |
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(2-b) "Governmental entity" means this state or a |
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state agency or political subdivision of this state. |
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SECTION 3. Section 141.005(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person holding a license issued under this chapter |
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must: |
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(1) renew the license annually by submitting a renewal |
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application on a date determined by department rule on a form |
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provided by the department; and |
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(2) submit a renewal application not later than the |
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30th day after the date the person: |
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(A) alters the boundaries of a youth camp |
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operated by the person; |
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(B) completes construction of one or more new |
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cabins located on the premises of a youth camp operated by the |
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person; or |
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(C) completes any renovation to one or more |
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existing cabins located on the premises of the youth camp operated |
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by the person that: |
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(i) increases or decreases the number of |
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beds in an affected cabin; or |
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(ii) alters the method of ingress or egress |
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to an affected cabin. |
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SECTION 4. Chapter 141, Health and Safety Code, is amended |
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by adding Sections 141.0052, 141.0056, 141.0091, and 141.0092 to |
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read as follows: |
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Sec. 141.0052. PROHIBITED LICENSURE OF YOUTH CAMPS WITHIN |
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FLOODPLAIN; EXCEPTION. (a) The department may not issue or renew a |
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youth camp license for a youth camp that operates one or more cabins |
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located within a floodplain. |
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(b) Notwithstanding Subsection (a), the department may |
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issue or renew a license to a youth camp described by Subsection (a) |
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if each cabin is only located within a floodplain as a result of the |
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cabin's proximity to a lake, pond, or other still body of water |
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that: |
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(1) is not connected to a stream, river, or other |
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watercourse; or |
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(2) is dammed. |
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Sec. 141.0056. ONLINE YOUTH CAMP REGISTRY. The department |
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shall post, maintain, and update on the department's Internet |
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website a list of each youth camp with an active license issued |
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under this chapter. |
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Sec. 141.0091. ADDITIONAL HEALTH AND SAFETY STANDARDS. (a) |
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As part of the health and safety standards established under |
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Section 141.009, the executive commissioner by rule shall make |
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applicable to a youth camp the requirements of Chapter 762 in the |
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same manner as those requirements apply to a campground under that |
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chapter. |
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(b) The executive commissioner by rule shall require a youth |
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camp operator in the emergency evacuation plan the operator |
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develops for a youth camp as required under Section 762.002 to: |
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(1) specify muster zones for campers and camp staff to |
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gather in an emergency event that requires evacuation from any |
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location within the premises of the camp; |
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(2) establish procedures for responding to an |
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emergency event, other than an event addressed by Section 762.002, |
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including: |
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(A) a lost camper; |
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(B) a fire on the premises of the camp; |
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(C) a severe injury, severe illness, or death of |
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one or more campers, visitors, camp staff, or camp volunteers that |
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occurs: |
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(i) on camp premises; or |
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(ii) while under the supervision of camp |
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staff; |
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(D) an aquatic emergency if the camp borders a |
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watercourse, lake, pond, or any other body of water; and |
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(E) any other natural disaster or emergency event |
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required under department rules; |
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(3) establish procedures to identify and account for |
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each camper affected by the emergency event; |
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(4) establish procedures to notify and communicate |
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with: |
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(A) local emergency management services, |
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including the emergency management director or coordinator |
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designated under Section 418.1015, Government Code, by the |
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political subdivision within which the camp is located; |
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(B) camp administrative and medical services |
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staff; and |
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(C) the parents or legal guardians of each camper |
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identified under Subdivision (3); and |
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(5) designate a camp emergency preparedness |
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coordinator. |
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(c) The executive commissioner by rule shall require a youth |
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camp operator to: |
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(1) maintain operable radios capable of providing |
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real-time weather alerts issued by the National Weather Service or |
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a similar professional weather service in each cabin; |
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(2) install and maintain at the camp an emergency |
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warning system that: |
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(A) is capable of alerting all campers and camp |
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occupants of an emergency; and |
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(B) includes a public address system operable |
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without reliance on an Internet connection; |
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(3) monitor safety alerts issued: |
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(A) by the National Weather Service or a similar |
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professional weather service; and |
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(B) by local river authorities, if applicable to |
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the camp, or through other local emergency notification systems; |
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and |
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(4) certify the operator's compliance with this |
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subsection. |
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(d) In developing an emergency preparedness plan under |
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Subsection (a), a youth camp operator must annually submit the |
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initial or updated plan to the department for approval in the form |
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and manner the department prescribes. |
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(e) If the department determines an emergency preparedness |
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plan submitted under this section or Section 762.002 does not meet |
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the minimum standards prescribed by department rules under this |
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section, the youth camp operator shall revise and resubmit the plan |
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not later than the 90th day after the date the operator receives |
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notice from the department of the plan's deficiencies. |
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(f) A youth camp operator shall include any revised |
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emergency plan resubmitted under Subsection (e) as an attachment to |
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each application to renew the operator's license under Section |
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141.005. |
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(g) Notwithstanding Section 762.002(c), not later than the |
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10th business day following the date the department approves a |
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youth camp operator's emergency plan or, if the department |
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determines the plan is deficient under Subsection (e), the |
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operator's revised emergency plan, the operator shall provide a |
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copy of the plan to: |
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(1) for a campground located in a municipality, the |
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emergency management director or coordinator designated under |
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Section 418.1015, Government Code, for the municipality; and |
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(2) the emergency management director or coordinator |
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designated under Section 418.1015, Government Code, for the county. |
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(h) In developing an emergency plan under this section, a |
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youth camp operator may consult with an emergency management |
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director or coordinator described by Subsection (g). |
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(i) The department shall store in a digital database each |
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emergency plan submitted under this section or Section 762.002 and |
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provide access to that database to the Texas Division of Emergency |
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Management. |
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(j) A youth camp operator shall: |
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(1) make available the most recent version of an |
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emergency plan submitted under this section to the parent or legal |
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guardian of: |
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(A) a camper who is participating in a camp |
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session; or |
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(B) a prospective camper who is registered to |
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participate in a future camp session; and |
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(2) notify the parent or legal guardian of a camper or |
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prospective camper described by Subdivision (1) if any part of the |
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camp is located within a floodplain. |
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(k) Not more than 48 hours after each camp session begins, |
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the youth camp operator or a camp staff member shall conduct a |
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mandatory safety orientation that: |
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(1) notifies each camper of the camp's boundaries and |
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any hazards present on the camp premises; |
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(2) instructs each camper on behavioral expectations |
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in an emergency event; and |
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(3) trains each camper on the appropriate actions and |
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procedures to follow in an emergency event, in accordance with the |
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camp's emergency plan required under this section and Section |
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762.002. |
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(l) At least once a year, a youth camp operator shall: |
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(1) provide each camp staff member and volunteer with |
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a copy of the camp's most recent emergency plan; |
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(2) train each camp staff member and volunteer on the |
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contents of the camp's emergency plan; |
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(3) instruct each camp staff member and volunteer on |
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the proper procedures to follow in an emergency event under the |
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camp's emergency plan; and |
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(4) maintain written records documenting each camp |
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staff member's and volunteer's successful completion of the |
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training required under this subsection. |
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(m) A youth camp operator shall: |
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(1) conspicuously post in each cabin the proper |
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evacuation route described in the camp's emergency plan under this |
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section and Section 762.002; and |
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(2) ensure each evacuation route on the camp premises, |
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described in the emergency plan under this section and Section |
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762.002, is illuminated at night. |
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(n) Notwithstanding Section 141.0025, the department may |
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not grant a waiver from a requirement prescribed under this section |
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or Chapter 762. |
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(o) An emergency plan submitted to, received by, or accessed |
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by the department, the Texas Division of Emergency Management, an |
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emergency management director or coordinator designated under |
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Section 418.1015, Government Code, or any other governmental entity |
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under this section is confidential and not subject to disclosure |
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under Chapter 552, Government Code. |
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Sec. 141.0092. REDUNDANT INTERNET CONNECTIONS REQUIRED. |
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(a) In this section, "broadband service" has the meaning assigned |
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by Section 490I.0101, Government Code. |
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(b) A youth camp operator shall provide and maintain for a |
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youth camp: |
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(1) Internet services through a broadband service that |
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connects to the Internet using end-to-end fiber optic facilities; |
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and |
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(2) a secondary Internet connection through a |
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broadband service distinct from the service described under |
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Subdivision (1). |
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SECTION 5. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 762 to read as follows: |
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CHAPTER 762. CAMPGROUND SAFETY |
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Sec. 762.001. DEFINITIONS. In this chapter: |
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(1) "Cabin" means a structure used to provide |
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temporary sleeping quarters for transient overnight guests. |
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(2) "Campground" means, regardless of profit: |
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(A) a commercial property designed to provide |
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cabins for transient overnight guest use; or |
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(B) a recreational vehicle park, as defined by |
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Section 13.087, Water Code. |
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(3) "Campground operator" means a person who owns, |
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operates, controls, or supervises a campground, regardless of |
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profit. |
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(4) "Floodplain" means any area within a 100-year |
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floodplain identified by the Federal Emergency Management Agency |
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under the National Flood Insurance Act of 1968 (42 U.S.C. Section |
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4001 et seq.). This term includes any area removed from the |
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100-year floodplain by a letter of map amendment, a letter of map |
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revision based on fill, or a substantially similar administrative |
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process conducted by the Federal Emergency Management Agency. |
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(5) "Governmental entity" means this state or a state |
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agency or political subdivision of this state. |
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Sec. 762.002. FLOODPLAIN SAFETY REQUIREMENTS. (a) A |
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campground operator shall: |
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(1) install and maintain in each campground cabin |
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located within the floodplain an emergency ladder capable of |
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providing access to the cabin's roof; and |
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(2) develop an emergency evacuation plan for: |
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(A) evacuating on issuance of a flash flood or |
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flood warning campground occupants who are at a campground area |
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within the floodplain; |
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(B) evacuating campground occupants on issuance |
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of an evacuation order by the emergency management director or |
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coordinator designated under Section 418.1015, Government Code, |
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for the county or, if applicable, the municipality in which the |
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campground is located, due to a wildfire, hurricane, or other |
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disaster; and |
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(C) sheltering campground occupants in place on |
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issuance of: |
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(i) a tornado warning; or |
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(ii) an order to shelter in place issued by |
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the emergency management director or coordinator for the county or, |
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if applicable, the municipality in which the campground is located. |
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(b) A campground operator shall: |
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(1) implement the emergency evacuation plan developed |
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under Subsection (a)(2)(A) on issuance by the National Weather |
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Service of a flash flood or flood warning for an area of the |
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campground; and |
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(2) implement the emergency evacuation plan developed |
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under Subsection (a)(2)(C) on issuance by the National Weather |
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Service of a tornado warning for an area of the campground. |
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(c) A campground operator shall send a copy of an emergency |
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evacuation plan developed under Subsection (a)(2) to: |
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(1) for a campground located in a municipality, the |
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emergency management director or coordinator designated under |
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Section 418.1015, Government Code, for the municipality; and |
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(2) the emergency management director or coordinator |
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designated under Section 418.1015, Government Code, for the county. |
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(d) An emergency plan submitted to, received by, or accessed |
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by an emergency management director or coordinator under Section |
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418.1015, Government Code, or any governmental entity under this |
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section is confidential and not subject to disclosure under Chapter |
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552, Government Code. |
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Sec. 762.003. FIRE PROTECTION STANDARDS. (a) This section |
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does not apply to a campground owned or controlled by a governmental |
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entity. |
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(b) A campground must comply with the National Fire |
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Protection Association 1194, Standard for Recreational Vehicle |
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Parks and Campgrounds, 2021 Edition, other than Sections 1.1.1 and |
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5.1.1.1. |
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(c) A governmental entity may adopt a policy, rule, |
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ordinance, or order to regulate environmental health and |
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sanitation, electrical distribution system safety, liquefied |
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petroleum gas storage and dispensing safety, or fire protection |
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only if the policy, rule, ordinance, or order does not impose |
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standards more stringent than the standards described under |
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Subsection (b). |
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SECTION 6. Section 141.0035(b), Health and Safety Code, is |
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repealed. |
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SECTION 7. Not later than January 1, 2026, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules required by Section 141.0091, Health and Safety |
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Code, as added by this Act. |
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SECTION 8. Notwithstanding Section 141.0091, Health and |
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Safety Code, as added by this Act, a youth camp operator is not |
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required to submit an emergency plan to the Department of State |
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Health Services until April 1, 2026. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |
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* * * * * |