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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 an |
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administrative penalty; 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 767 to read as follows: |
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CHAPTER 767. REGULATION OF CHILD SWIM INSTRUCTION OPERATORS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 767.001. SHORT TITLE. This chapter may be cited as the |
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Mitchell Chang Swim Safety Act. |
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Sec. 767.002. 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) "Controlling person" means a person listed in |
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Section 51.409(a)(5), Occupations Code. |
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(3) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(4) "Executive director" means the executive director |
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of the department. |
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(5) "Instructor" means an individual who for |
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compensation provides swim instruction directly to students on |
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behalf of an operator. |
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(6) "Operator" means a company, corporation, |
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partnership, or limited liability corporation that employs two or |
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more employees and provides or offers to provide swim instruction |
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for compensation. |
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(7) "Serious incident" means a suspected or actual |
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incident that occurs during and as a direct result of swim |
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instruction and that threatens or impairs the health, safety, or |
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well-being of a student. 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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(8) "Student" means a child who is younger than seven |
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years of age. |
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(9) "Swim instruction" means the in-water educational |
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process of teaching an individual to swim. |
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Sec. 767.003. APPLICABILITY OF CHAPTER; EXEMPTIONS. (a) |
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Subject to Subsection (b), this chapter applies only to an operator |
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who provides swim instruction to a group of three or more students |
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at one time. |
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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 youth camp licensed under Chapter 141; |
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(2) a child-care facility licensed under Chapter 42, |
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Human Resources Code; or |
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(3) a political subdivision. |
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SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES |
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Sec. 767.051. REGULATION BY DEPARTMENT; RULES. (a) The |
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department shall administer and enforce this chapter. |
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(b) The commission shall adopt rules as necessary to |
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implement this chapter, including rules prescribing: |
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(1) operating standards; |
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(2) qualifications for an operator's license; |
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(3) requirements to renew an operator's license; and |
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(4) minimum safety and training requirements. |
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Sec. 767.052. FEES. The commission by rule shall set fees |
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in the amounts reasonable and necessary to cover the costs of |
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administering this chapter. |
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Sec. 767.053. PUBLIC ACCESS TO INSPECTION REPORTS. An |
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operator shall release to the public on request a copy of any |
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inspection report the department issued to the operator in the |
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preceding two years. |
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SUBCHAPTER C. LICENSE REQUIREMENTS |
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Sec. 767.101. 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. 767.102. 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. 767.103. 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 until the second anniversary of the date of issuance. |
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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. 767.104. REQUIRED CRIMINAL HISTORY RECORD INFORMATION |
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CHECK. The department shall perform a criminal history record |
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information check on each applicant for an operator's license and |
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on any controlling person of the applicant's company, corporation, |
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partnership, or limited liability corporation. |
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SUBCHAPTER D. OPERATIONAL STANDARDS |
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Sec. 767.151. MINIMUM SAFETY REQUIREMENTS. The commission |
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by rule shall establish minimum safety requirements for operators |
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to preserve student health and safety, including requirements on: |
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(1) instructor to student ratios during swim |
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instruction; |
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(2) training and certification for instructors; and |
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(3) available and operational automated external |
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defibrillators, as defined by Section 779.001. |
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Sec. 767.152. CERTIFICATION AND TRAINING REQUIREMENTS. (a) |
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Each manager and instructor for the operator must hold: |
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(1) a certificate 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 with |
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swim instructor training standards substantially the same as those |
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established by the American Red Cross or the YMCA; and |
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(2) certifications from the American Red Cross, the |
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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. 767.153. 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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Sec. 767.154. REQUIRED EMPLOYEE CRIMINAL HISTORY RECORD |
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INFORMATION CHECK. (a) Before an operator may hire an instructor |
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or any other individual who will interact with students in the |
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course and scope of the individual's employment, the operator shall |
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perform a criminal history record information check on the |
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individual. |
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(b) An operator may not hire an instructor or any other |
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individual who will interact with students in the course and scope |
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of the individual's employment if the individual has been convicted |
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of an offense under Title 5, Penal Code, or Chapter 43, Penal Code, |
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involving an individual who is younger than 18 years of age. |
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SUBCHAPTER E. ENFORCEMENT |
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Sec. 767.201. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY |
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ACTION. An applicant for an operator's license or a license holder |
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may be subject to denial of a license application or disciplinary |
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action, as applicable, if the applicant or license holder or a |
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controlling person of the applicant's or license holder's company, |
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corporation, partnership, or limited liability corporation: |
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(1) violates this chapter, a commission rule, or an |
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order of the commission or the executive director; |
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(2) obtains an operator's license by means of fraud, |
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misrepresentation, or concealment of a material fact; |
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(3) sells, barters, or offers to sell or barter an |
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operator's license; or |
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(4) is convicted of, or employs an instructor or any |
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other individual who interacts with students in the course and |
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scope of the individual's employment and who has been convicted of, |
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an offense under Title 5, Penal Code, or Chapter 43, Penal Code, |
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involving a child who is younger than 18 years of age. |
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Sec. 767.202. 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 411.093(a), Government Code, is amended |
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to read as follows: |
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(a) The Texas Department of Licensing and Regulation is |
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entitled to obtain criminal history record information as provided |
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by Subsection (b) that relates to: |
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(1) an applicant for or the holder of: |
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(A) a driver education instructor license under |
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Chapter 1001, Education Code; |
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(B) a license under Chapter 767, Health and |
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Safety Code; |
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(C) a license under Chapter 202, Occupations |
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Code; |
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(D) [(C)] a license under Chapter 401, |
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Occupations Code; |
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(E) [(D)] a license under Chapter 402, |
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Occupations Code; or |
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(F) [(E)] an instructor license or motorcycle |
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school license under Chapter 662, Transportation Code; |
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(2) a person who is: |
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(A) an applicant for or the holder of a license |
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under Chapter 91, Labor Code; or |
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(B) a controlling person, as defined by Chapter |
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91, Labor Code, of an entity described by Paragraph (A); or |
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(3) a person who: |
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(A) is an applicant for or the holder of a license |
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under Chapter 455, Occupations Code; or |
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(B) has an interest described under Section |
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455.1525(e), Occupations Code, in an entity described by Paragraph |
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(A). |
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SECTION 3. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.0975 to read as follows: |
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Sec. 411.0975. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: SWIM INSTRUCTION OPERATORS. (a) In this section, |
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"swim instruction operator" means a person who holds a license |
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under Chapter 767, Health and Safety Code, to operate as a swim |
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instruction operator. |
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(b) A swim instruction operator may obtain state criminal |
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history record information from the department for an applicant for |
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employment with or volunteer of the operator. |
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(c) Criminal history record information obtained by a swim |
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instruction operator in the original form or any subsequent form: |
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(1) may not be released to any person except the person |
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who is the subject of the information; |
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(2) is not subject to disclosure as provided by |
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Chapter 552; and |
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(3) shall be destroyed by the operator after the |
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information is used for the authorized purpose. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Texas Commission of Licensing and Regulation shall |
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adopt rules necessary to implement Chapter 767, Health and Safety |
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Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |