81R15141 UM-D
By: Bolton H.B. No. 2740
Substitute the following for H.B. No. 2740:
By: Rose C.S.H.B. No. 2740
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of youth camps.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 141.002, Health and Safety Code, is
amended by adding Subdivisions (2-a), (4-a), and (4-b) to read as
follows:
(2-a) "Hazardous activity" includes waterfront
activities, archery, horseback riding, challenge courses, riflery,
and other activities that require special technical skills,
equipment, or safety regulations.
(4-a) "Recreational youth facility" means a facility
or property, other than a child-care facility required to be
licensed by the Department of Family and Protective Services or a
youth camp, that:
(A) operates for at least 14 days a year,
consecutively or nonconsecutively;
(B) operates during a portion of the day between
7 a.m. and 10 p.m. or provides residential services, including
overnight accommodations for all or part of the program session;
(C) provides one or more recreational, athletic,
religious, or educational activities, primarily in an outdoor
environment; and
(D) accommodates at least five minors who attend
or temporarily reside apart from their parents or legal guardians.
(4-b) "Waterfront activity" means a recreational or
instructional activity occurring in, on, or near a waterfront and
includes swimming, boating, waterskiing, scuba diving, rafting,
tubing, synchronized swimming, and sailing.
SECTION 2. Section 141.0035, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The executive commissioner of the Health and Human
Services Commission by rule may set license fees for recreational
youth facilities in an amount that is different from the amount set
for license fees for youth camps to reflect differences in the costs
of administering and enforcing this chapter for recreational youth
facilities. Before adopting a rule under this section, the
executive commissioner shall solicit comments and information from
the operators of recreational youth facilities and allow affected
recreational youth facility operators to meet with appropriate
commission staff who are involved in the rulemaking process.
SECTION 3. Chapter 141, Health and Safety Code, is amended
by adding Sections 141.0071, 141.0072, and 141.0081 to read as
follows:
Sec. 141.0071. GENERAL INVESTIGATIVE AUTHORITY. (a) The
department may conduct any inspection and order the production of
any information the department considers necessary to determine
whether a license under this chapter should be issued, delayed, or
denied, or whether a current license should be renewed, modified,
suspended, or revoked.
(b) The department may require additional written
information and assurances from an applicant or license holder at
any time after an application for a license is filed or before a
license expires.
Sec. 141.0072. INTERFERENCE WITH INVESTIGATION OR
INSPECTION; COURT ORDER. (a) A person may not interfere with an
investigation or inspection of a youth camp conducted by the
department under this chapter.
(b) During an investigation or inspection of a youth camp
under this chapter, the youth camp shall cooperate with the
department and allow the department to:
(1) access the records of the youth camp;
(2) access any part of the premises of the youth camp;
and
(3) interview any employee or other adult who is
present at the youth camp and who may have information relevant to
the investigation or inspection.
(c) If access to the records or premises of the youth camp
cannot be obtained, a district court in Travis County or in the
county in which the youth camp is located, for good cause shown and
without prior notice or a hearing, shall issue an order granting the
department access to the records or premises in order to conduct the
inspection, investigation, or interview.
(d) To assist the department in investigating whether a
person is operating a youth camp without a required license, a
district court in Travis County or in the county in which the
suspected youth camp is located may, for good cause shown and
without prior notice or a hearing, issue an order allowing the
department to enter the suspected youth camp at a time when the
department's evidence shows that the suspected youth camp may be
providing services subject to regulation under this chapter.
Sec. 141.0081. RECREATIONAL YOUTH FACILITIES;
APPLICABILITY OF CHAPTER AND RULES. (a) A provision in this
chapter that applies to a youth camp applies to a recreational youth
facility.
(b) The executive commissioner of the Health and Human
Services Commission may adopt rules under this chapter that
recognize and treat differently the types of services provided by a
recreational youth facility, including rules relating to health and
safety standards under Section 141.009.
(c) In developing rules applicable to recreational youth
facilities, the executive commissioner may consult with parents,
recreational youth facility operators, and appropriate public and
private officials and organizations.
SECTION 4. Section 141.009, Health and Safety Code, is
amended to read as follows:
Sec. 141.009. STANDARDS. (a) The executive commissioner
of the Health and Human Services Commission [board] by rule shall
establish health and safety standards for youth camps and
recreational youth facilities.
(b) The standards may relate to:
(1) adequate and proper supervision at all times of
camp activities;
(2) qualifications for directors, supervisors, and
staff and sufficient numbers of those persons;
(3) proper safeguards for sanitation and public
health;
(4) adequate medical services for personal health and
first aid;
(5) proper procedures for food preparation, handling,
and mass feeding;
(6) healthful and sufficient water supply;
(7) proper waste disposal;
(8) proper water safety procedures for waterfront
activities, swimming pools, lakes, and waterways;
(9) safe boating equipment;
(10) proper maintenance and safe use of motor
vehicles, including rules ensuring the safe transportation of
children by employees of a youth camp;
(11) safe buildings and physical facilities;
(12) proper fire precautions;
(13) safe and proper recreational and other equipment;
(14) proper regard for density and use of the
premises; and
(15) records of criminal convictions of camp
personnel.
SECTION 5. Chapter 141, Health and Safety Code, is amended
by adding Section 141.0094 to read as follows:
Sec. 141.0094. LIABILITY INSURANCE. A youth camp that
allows campers to engage in a hazardous activity shall maintain
liability insurance coverage in the amount set by the executive
commissioner of the Health and Human Services Commission by rule
for each occurrence of injury. An insurance policy or contract
required by this section must cover an injury to a child that occurs
while the child is in the care of the youth camp, regardless of
whether the injury occurs:
(1) on the premises of the youth camp;
(2) off the premises of the youth camp;
(3) while in transit in a motor vehicle or boat; or
(4) while on an amusement ride or on a horse.
SECTION 6. (a) The executive commissioner of the Health and
Human Services Commission shall adopt rules to implement the
changes in law made by this Act as soon as practicable.
(b) The changes in law made by this Act apply to a license to
operate a youth camp or recreational youth facility initially
issued or renewed on or after the effective date of this Act. A
license to operate a youth camp issued or renewed before the
effective date of this Act is governed by the law in effect on the
date the license was issued or renewed, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.