Texas 2021 - 87th Regular

Texas House Bill HB1676 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Goodwin, Guerra, Talarico, Kacal, et al. H.B. No. 1676
	1	+	87R21449 KKR-D
	2	+	By: Goodwin, Guerra, Toth, et al. H.B. No. 1676
	3	+	Substitute the following for H.B. No. 1676:
	4	+	By: Klick C.S.H.B. No. 1676
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to child water safety requirements for certain
7	10		organizations; authorizing disciplinary action, including an
8	11		administrative penalty.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. This Act may be cited as Cati's Act.
11	14		SECTION 2. Subchapter D, Chapter 341, Health and Safety
12	15		Code, is amended by adding Section 341.0646 to read as follows:
13	16		Sec. 341.0646. CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN
14	17		ORGANIZATIONS. (a) In this section:
15	18		(1) "Body of water" means an artificial or natural
16	19		body of water, including a swimming pool, lake, or river, typically
17	20		used for recreational swimming, bathing, or play. The term does not
18	21		include a wading pool.
19		-	(2) "Child" means an individual under 12 years of age.
	22	+	(2) "Child" means an individual under 18 years of age.
20	23		(3) "Wading pool" means a pool, including a pool that
21	24		contains a public interactive water feature and fountain as defined
22	25		by department rule, with a maximum water depth of not more than 18
23	26		inches.
24		-	(b) This section does not apply to:
25		-	(1) a youth camp licensed under Chapter 141; or
26		-	(2) a residential child-care facility as defined by
27		-	Section 42.002, Human Resources Code.
	27	+	(b) This section does not apply to a youth camp licensed
	28	+	under Chapter 141.
28	29		(c) An organization, including a day camp, youth camp,
29	30		school, preschool, kindergarten, nursery school, child-care
30	31		facility as defined by Section 42.002, Human Resources Code, or any
31	32		other facility providing child-care services licensed by the Health
32	33		and Human Services Commission that takes a child in its care or
33	34		under its supervision to a body of water or otherwise allows a child
34		-	access to a body of water shall require the child's parent or legal
35		-	guardian to affirm in writing whether the child is able to swim or
36		-	is at risk of injury or death when swimming or otherwise accessing a
37		-	body of water.
38		-	(d) Except as provided by Subsection (e) and if the
39		-	organization conducts an activity that provides a child access to a
40		-	body of water, during the time each child who is unable to swim or is
41		-	at risk of injury or death when swimming or accessing a body of
42		-	water is present within a fenced-in area around a body of water or
43		-	within 100 feet of a body of water without a fenced-in area, the
44		-	organization shall:
	35	+	access to a body of water shall:
	36	+	(1) require the child's parent or legal guardian to
	37	+	affirm in writing whether the child is able to swim or is at risk of
	38	+	injury or death when swimming or otherwise accessing a body of
	39	+	water; and
	40	+	(2) if the organization does not own or operate the
	41	+	body of water, provide the owner or operator of the body of water a
	42	+	written or electronic disclosure that clearly identifies each child
	43	+	who is unable to swim or is at risk of injury or death when swimming
	44	+	or accessing a body of water.
	45	+	(d) Except as provided by Subsection (e), during the time
	46	+	each child who is unable to swim or is at risk of injury or death
	47	+	when swimming or accessing a body of water is present within a
	48	+	fenced-in area around a body of water or within 100 feet of a body of
	49	+	water without a fenced-in area, the organization shall:
45	50		(1) provide to the child:
46	51		(A) for a natural body of water, a properly
47	52		fitted and fastened Type II United States Coast Guard approved
48	53		personal flotation device; or
49	54		(B) for an artificial body of water, a properly
50	55		fitted and fastened Type II or Type III United States Coast Guard
51	56		approved personal flotation device; and
52	57		(2) ensure the child is wearing the appropriate
53	58		personal flotation device and the device is properly fitted and
54	59		fastened for the child.
55	60		(e) The organization is not required to provide a child with
56	61		a flotation device under Subsection (d) if:
57	62		(1) the child is actively participating in swim
58	63		instruction; and
59	64		(2) the organization ensures that each child
60	65		participating in the instruction is closely supervised during the
61	66		instruction.
62	67		(f) An organization licensed or otherwise regulated by this
63	68		state that violates this section or rules adopted under this
64	69		section is subject to disciplinary action, including the imposition
65	70		of an administrative penalty, by any state regulatory agency with
66	71		the power to take disciplinary action against that organization as
67		-	if the organization violated the ~~agency~~'s licensing or other
	72	+	if the organization violated the organization's licensing or other
68	73		regulatory laws or rules.
69	74		(g) The executive commissioner may adopt rules necessary to
70	75		implement this section.
71	76		SECTION 3. This Act takes effect September 1, 2021.