87R5353 SCL-D
By: Goodwin H.B. No. 1676
A BILL TO BE ENTITLED
AN ACT
relating to child water safety requirements for certain
organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Cati's Act.
SECTION 2. Subchapter D, Chapter 341, Health and Safety
Code, is amended by adding Section 341.0646 to read as follows:
Sec. 341.0646. CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN
ORGANIZATIONS. (a) In this section:
(1) "Body of water" means an artificial or natural
body of water, including a swimming pool, wading pool, lake, or
river, typically used for recreational swimming, bathing, or play.
(2) "Child" means an individual under 18 years of age.
(b) An organization, including a school, preschool,
kindergarten, nursery school, or day camp or youth camp, as defined
by Section 141.002, that takes a child in its care or under its
supervision to a body of water or otherwise allows a child access to
a body of water shall:
(1) determine whether the child is able to swim or is
at risk when swimming; and
(2) if the organization does not own or operate the
body of water, provide the owner or operator of the body of water a
written or electronic disclosure that clearly identifies each child
who is unable to swim or is at risk when swimming.
(c) During the time each child who is unable to swim or is at
risk when swimming has access to a body of water, the organization
shall:
(1) provide to the child:
(A) for a natural body of water, a Type II United
States Coast Guard approved personal flotation device; or
(B) for an artificial body of water, a Type II or
Type III United States Coast Guard approved personal flotation
device; and
(2) ensure the child is wearing the appropriate
personal flotation device and the device is properly fitted for the
child.
(d) The executive commissioner may adopt rules necessary to
implement this section.
SECTION 3. This Act takes effect September 1, 2021.