Texas Senate Bill SB63

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to the licensing and regulation of child swim instruction operators; requiring an occupational license; imposing penalties, including administrative penalties; authorizing fees.

Impact

This legislation will introduce a framework for the licensing of swim instruction operators, which currently does not exist in Texas law. By establishing an administrative body to oversee compliance and set safety standards, this act seeks to enhance the operational requirements for swim instruction. It will impose penalties for operators who fail to comply with the law, potentially including administrative penalties of up to $500 per day for violations. The requirement for criminal background checks on all instructors further strengthens child safety measures in swim instruction settings.

Summary

SB63, also known as the Mitchell Chang Swim Safety Act, proposes the licensing and regulation of operators providing swim instruction to children under the age of seven. The bill mandates that swim instruction operators acquire an occupational license, which is designed to ensure the safety and well-being of young students during swim lessons. The legislation aims to address the increasing concerns surrounding swim safety, particularly among young children, by instituting standards that operators must meet to lawfully provide swim instruction services.

Contention

While the bill has garnered support for its focus on child safety, there are concerns regarding the implications of such a regulatory framework for smaller swim instruction providers who may struggle with compliance costs. Critics argue that the new requirements could inadvertently restrict access to swim instruction for some families, particularly those in lower-income brackets. Additionally, the exemptions listed in the bill for youth camps and child-care facilities raise questions about the uniformity of the standards applied across different types of swim instruction venues.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 51. Texas Department Of Licensing And Regulation
  • Section: New Section