89R3161 KKR-F

By: Oliverson H.B. No. 3496

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Texas Department of Insurance to publish and maintain a list of certain ready-to-swim programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 9, Health and Safety Code, is amended by adding Chapter 761 to read as follows:

CHAPTER 761. READY-TO-SWIM PROGRAMS

Sec. 761.001. DEFINITIONS. In this chapter:

(1) "Basic water safety skills" means the skills required to independently enter the water, surface from under the water, turn around in the water, propel through the water for a distance of at least 25 yards, float on or tread water, and exit the water.

(2) "Beginner-level student" means a student who does not demonstrate basic water safety skills.

(3) "Commissioner" means the commissioner of insurance.

(4) "Department" means the Texas Department of Insurance.

(5) "Instructor" means an individual who for compensation provides swim instruction directly to students on behalf of an operator of a ready-to-swim program.

(6) "Operator" means an individual, company, corporation, partnership, limited liability corporation, nonprofit organization, community organization, or municipality that provides or offers to provide a ready-to-swim program for compensation.

(7) "Ready-to-swim program" means a program that provides swim instruction to students.

(8) "Student" means an individual who receives swim instruction from a ready-to-swim program.

(9) "Swim instruction" means the in-water educational process of teaching an individual to swim.

Sec. 761.002. READY-TO-SWIM PROGRAM LIST. The department shall publish and maintain on the department's Internet website a list of ready-to-swim programs that:

(1) provide swim instruction to a student; and

(2) biennially submit a written verification to the department in accordance with Sections 761.003 and 761.004.

Sec. 761.003. REQUIRED SUBMISSION OF WRITTEN VERIFICATION FOR INCLUSION ON READY-TO-SWIM PROGRAM LIST. (a) For inclusion on the list the department maintains under Section 761.002, the operator of a ready-to-swim program must submit to the department, in the form and manner prescribed by commissioner rule, a written verification stating the program:

(1) maintains policies and procedures to protect students, including policies and procedures that require, during the provision of swim instruction:

(A) the program to maintain the following instructor-to-student ratios:

(i) at least one instructor for every four students who are younger than six years of age or are beginner-level students without a parent or other responsible adult present in the water with each student at all times during instruction;

(ii) at least one instructor for every 10 students who are younger than six years of age or are beginner-level students if a parent or other responsible adult is present in the water with each student at all times during the instruction;

(iii) at least one instructor for every six students who are younger than six years of age and are able to independently demonstrate basic water safety skills;

(iv) at least one instructor for every eight students who are at least six years of age but younger than 18 years of age; and

(v) at least one instructor for every 10 students who are at least 18 years of age;

(B) an individual to monitor the swim instruction with ready access to a rescue tube or ring buoy, a first aid kit, and a resuscitation mask, provided the individual is:

(i) a certified lifeguard, including a lifeguard for the swimming pool at the location the program is providing instruction;

(ii) a program instructor or assistant instructor who is not actively providing swim instruction; or

(iii) a responsible adult;

(C) at least one individual who holds certifications in cardiopulmonary resuscitation, automated external defibrillator use, and first aid issued by an accredited entity to be present at the location where the program operates;

(D) the program to maintain, replenish as necessary, and ensure easy access to lifesaving equipment and first aid supplies, including:

(i) a rescue tube or ring buoy;

(ii) a reaching pole or shepherd's crook;

(iii) a spine board;

(iv) an automated external defibrillator, as defined by Section 779.001;

(v) resuscitation masks; and

(vi) gloves;

(E) each program instructor to successfully complete at least 40 hours of formal training on:

(i) proper supervision of students during swim instruction;

(ii) child development in relation to swim instruction;

(iii) the provision of first aid;

(iv) bloodborne pathogens;

(v) abuse prevention; and

(vi) the program's emergency action plan maintained under Subdivision (2); and

(F) the program to allow parents and caregivers to be present and in view of students;

(2) maintains an emergency action plan tailored to the program's operations for responding to incidents arising from swim instruction;

(3) conducts a criminal background check on each of the program's operators and a criminal history record check on each program employee who is 18 years of age or older before the employee engages in any program activity; and

(4) maintains liability insurance under a policy issued by an insurance company authorized to conduct business in this state organized or operating under Chapter 841, 881, 882, 884, 885, 886, or 887, Insurance Code, insuring the operator of the program against liability for injury to individuals arising out of the operation of the program, including the provision of swim instruction to students.

(b) A ready-to-swim program's written verification expires on the second anniversary of the date the department receives the verification.

Sec. 761.004. RENEWAL OF WRITTEN VERIFICATION. (a) A ready-to-swim program must biennially submit to the department a written verification described by Section 761.003 to renew the program's inclusion on the list the department maintains under Section 761.002.

(b) If the department does not receive a ready-to-swim program's written verification for renewal on or before the expiration date of the program's current written verification, the department shall remove the ready-to-swim program from the list the department maintains under Section 761.002.

Sec. 761.005. PERIODIC REVIEW OF READY-TO-SWIM PROGRAM SAFETY REQUIREMENTS. (a) At least once every five years the commissioner shall review, and as necessary by rule update, the policy and procedure requirements included in Section 761.003(a) that a ready-to-swim program must meet for inclusion on the list the department maintains under Section 761.002 to ensure the requirements reflect any changes in national safety standards for ready-to-swim programs.

(b) In reviewing the policy and procedure requirements under Subsection (a), the commissioner may consult with organizations recognized as authorities on water safety, including the:

(1) Centers for Disease Control and Prevention;

(2) United States Swim School Association;

(3) National Drowning Prevention Alliance;

(4) American Red Cross; or

(5) YMCA.

Sec. 761.006. RULES. The commissioner shall adopt the rules necessary to implement this chapter.

SECTION 2. As soon as practicable after the effective date of this Act, the commissioner of insurance shall adopt rules necessary to implement Chapter 761, Health and Safety Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.