By: Goodwin, Guerra, Talarico, Kacal, et al. H.B. No. 1676
A BILL TO BE ENTITLED
AN ACT
relating to child water safety requirements for certain
organizations; authorizing disciplinary action, including an
administrative penalty.
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, lake, or river, typically
used for recreational swimming, bathing, or play. The term does not
include a wading pool.
(2) "Child" means an individual under 12 years of age.
(3) "Wading pool" means a pool, including a pool that
contains a public interactive water feature and fountain as defined
by department rule, with a maximum water depth of not more than 18
inches.
(b) This section does not apply to:
(1) a youth camp licensed under Chapter 141; or
(2) a residential child-care facility as defined by
Section 42.002, Human Resources Code.
(c) An organization, including a day camp, youth camp,
school, preschool, kindergarten, nursery school, child-care
facility as defined by Section 42.002, Human Resources Code, or any
other facility providing child-care services licensed by the Health
and Human Services Commission 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 require the child's parent or legal
guardian to affirm in writing whether the child is able to swim or
is at risk of injury or death when swimming or otherwise accessing a
body of water.
(d) Except as provided by Subsection (e) and if the
organization conducts an activity that provides a child access to a
body of water, during the time each child who is unable to swim or is
at risk of injury or death when swimming or accessing a body of
water is present within a fenced-in area around a body of water or
within 100 feet of a body of water without a fenced-in area, the
organization shall:
(1) provide to the child:
(A) for a natural body of water, a properly
fitted and fastened Type II United States Coast Guard approved
personal flotation device; or
(B) for an artificial body of water, a properly
fitted and fastened 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 and
fastened for the child.
(e) The organization is not required to provide a child with
a flotation device under Subsection (d) if:
(1) the child is actively participating in swim
instruction; and
(2) the organization ensures that each child
participating in the instruction is closely supervised during the
instruction.
(f) An organization licensed or otherwise regulated by this
state that violates this section or rules adopted under this
section is subject to disciplinary action, including the imposition
of an administrative penalty, by any state regulatory agency with
the power to take disciplinary action against that organization as
if the organization violated the agency's licensing or other
regulatory laws or rules.
(g) The executive commissioner may adopt rules necessary to
implement this section.
SECTION 3. This Act takes effect September 1, 2021.