Texas 2021 - 87th Regular

Texas House Bill HB3357 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Landgraf H.B. No. 3357
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the licensing and regulation of child swim schools;
7	7	imposing penalties, including administrative penalties;
8	8	authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
11	11	amended by adding Chapter 769 to read as follows:
12	12	CHAPTER 769. REGULATION OF CHILD SWIM SCHOOLS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 769.001. SHORT TITLE. This chapter may be cited as the
15	15	Mitchell Chang Swim School Safety Act.
16	16	Sec. 769.002. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Texas Commission of
18	18	Licensing and Regulation.
19	19	(2) "Department" means the Texas Department of
20	20	Licensing and Regulation.
21	21	(3) "Operator" means a person who owns, controls, or
22	22	has operational responsibility for a swim school.
23	23	(4) "Student" means a child who is six years of age or
24	24	younger and receives swim instruction at a swim school.
25	25	(5) "Swim school" means a business that provides swim
26	26	instruction and employs at least three individuals on a full or
27	27	part-time basis whose responsibilities include providing in water
28	28	swimming instructions to students.
29	29	Sec. 769.003. APPLICABILITY OF CHAPTER. This chapter
30	30	applies only to a swim school that provides swim instruction to
31	31	children who are six years of age or younger in a group of two or
32	32	more students, regardless of whether a parent is present at the time
33	33	of instruction.
34	34	Sec. 769.004. APPLICABILITY OF OTHER LAW. Chapter 51,
35	35	Occupations Code, applies to a swim school licensed under this
36	36	chapter.
37	37	SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES
38	38	Sec. 769.051. RULES. The commission shall adopt rules to
39	39	implement this chapter.
40	40	Sec. 769.052. FEES. The commission by rule shall set
41	41	license, application, and renewal fees in the amounts reasonable
42	42	and necessary to cover the department's costs in administering this
43	43	chapter.
44	44	Sec. 769.053. COMPLAINTS. (a) Any individual may submit a
45	45	complaint to the department concerning a swim school or a swim
46	46	school employee. The department shall establish a process for
47	47	submitting a complaint through the department's Internet website.
48	48	(b) The department may investigate a complaint made under
49	49	this section in accordance with Subchapter E, Chapter 51,
50	50	Occupations Code.
51	51	Sec. 769.054. INSPECTION BY DEPARTMENT. (a) The department
52	52	shall inspect a swim school:
53	53	(1) at least annually; and
54	54	(2) on receipt by the department of a complaint about
55	55	the swim school that the department determines to warrant further
56	56	investigation and inspection.
57	57	(b) An authorized representative of the department shall
58	58	visit a swim school during operating hours to investigate, inspect,
59	59	and evaluate compliance with swim school operating standards.
60	60	(c) Following an inspection, the department shall review
61	61	the results of the inspection with the swim school and provide the
62	62	swim school an opportunity to respond to the inspection results.
63	63	(d) For violations or infractions that do not include a
64	64	serious incident of a student, as defined by section 769.157, the
65	65	swim school and the operator shall be given five business days to
66	66	cure any violations or infractions before any punitive action may
67	67	be taken by the department.
68	68	Sec. 769.055. SEARCHABLE DATABASE. The department shall
69	69	maintain on the department's Internet website a searchable database
70	70	that contains information on each swim school licensed by the
71	71	department, including:
72	72	(1) the name of the operator;
73	73	(2) any criminal convictions of the operator;
74	74	(3) incidents at the swim school that require the
75	75	hospitalization of a child under the supervision of the swim
76	76	school;
77	77	(4) safety violations committed by the swim school;
78	78	(5) complaints filed against a swim school under
79	79	Section 769.053 that the department determined to further
80	80	investigate; and
81	81	(6) results of inspections conducted by the department
82	82	under Section 769.054, including the acknowledgement of any results
83	83	that were successfully cured by the swim school and the operator
84	84	within five business days.
85	85	SUBCHAPTER C. LICENSE REQUIREMENTS
86	86	Sec. 769.101. LICENSE REQUIRED. A person may not operate a
87	87	swim school unless the person holds a license to operate the swim
88	88	school issued by the department under this chapter.
89	89	Sec. 769.102. LICENSE APPLICATION AND ISSUANCE; FEE. (a) A
90	90	person may submit to the department in the form and manner
91	91	prescribed by commission rule an application for a license to
92	92	operate a swim school under this chapter.
93	93	(b) The application for a swim school license must include
94	94	the identity of the operator of the swim school and be accompanied
95	95	by the certifications required by Section 769.153.
96	96	(c) The department shall issue a swim school license to an
97	97	applicant who:
98	98	(1) submits to the department a completed license
99	99	application and the required nonrefundable application fee; and
100	100	(2) complies with this chapter and rules adopted under
101	101	this chapter.
102	102	Sec. 769.103. TERM AND LICENSE RENEWAL. (a) Unless revoked
103	103	or suspended, a swim school license issued under this chapter is
104	104	valid for one year.
105	105	(b) To renew a license, a license holder must submit to the
106	106	department in the form and manner prescribed by commission rule an
107	107	application for license renewal.
108	108	(c) As a condition of renewal, a license holder must satisfy
109	109	the requirements that apply to an applicant for an initial license
110	110	under Section 769.102.
111	111	(d) The department shall renew the swim school license of a
112	112	license holder who:
113	113	(1) submits a completed renewal application and the
114	114	required renewal fee; and
115	115	(2) complies with this chapter and rules adopted under
116	116	this chapter.
117	117	Sec. 769.104. REQUIRED SEARCH OF CENTRAL REGISTRY OF
118	118	REPORTED CASES OF CHILD ABUSE OR NEGLECT. The department may not
119	119	issue or renew a swim school license under this chapter unless the
120	120	department searches the central registry of reported cases of child
121	121	abuse or neglect established under Section 261.002, Family Code,
122	122	and determines the swim school applicant, operator, and any
123	123	employee included on the application form are not listed in the
124	124	registry as a person who abused or neglected a child.
125	125	SUBCHAPTER D. SWIM SCHOOL OPERATION
126	126	Sec. 769.151. EMPLOYEE CRIMINAL HISTORY RECORD
127	127	INFORMATION. Before a swim school may hire an individual for
128	128	full-time employment, the swim school shall obtain criminal history
129	129	record information on the individual and may not hire an individual
130	130	whose criminal history record information is unacceptable.
131	131	Sec. 769.152. MINIMUM SAFETY REQUIREMENTS. (a) The
132	132	department shall adopt rules necessary to establish an acceptable
133	133	student to swim instructor ratio for swim classes offered by a swim
134	134	school, and any additional employees that may be necessary to serve
135	135	in a dedicated supervisory role of the swim classes offered in order
136	136	to assist in ensuring the overall health and safety of all students
137	137	and swim school employees. In addition to all other information,
138	138	the ratio of student to swim instructor shall take into
139	139	consideration: whether a parent or legal guardian is required to be
140	140	in the water during the time of instruction with the student, any
141	141	student skill level necessary to qualify for a certain class, and
142	142	the training and accreditation of a swim school employee as set
143	143	forth by this chapter.
144	144	(b) A swim school must have available an automated external
145	145	defibrillator.
146	146	Sec. 769.153. CERTIFICATION AND TRAINING REQUIREMENTS. (a)
147	147	Each swim school operator and employee must:
148	148	(1) be certified by an accredited entity as a water
149	149	safety instructor for teaching swimming techniques to children
150	150	after successfully completing training that complies with the
151	151	American Red Cross's swimming and water safety training standards;
152	152	(2) if the operator or employee provides swim classes
153	153	to children younger than five years of age, successfully complete
154	154	additional water safety instructor training from an accredited
155	155	entity on swimming instruction for the age group taught by the
156	156	operator or employee; and
157	157	(3) hold certifications from an accredited entity for:
158	158	(A) cardiopulmonary resuscitation; and
159	159	(B) automated external defibrillator use.
160	160	(b) A swim school shall provide training to all employees
161	161	in:
162	162	(1) the application of first aid;
163	163	(2) the prevention and spread of communicable
164	164	diseases; and
165	165	(3) the industry standard protocols for preventing
166	166	drowning.
167	167	Sec. 769.157. REPORT OF SERIOUS INCIDENTS AND VIOLATIONS.
168	168	(a) In this section, "serious incident" means a suspected or actual
169	169	incident that threatens or impairs the basic health, safety, or
170	170	well-being of a child. The term includes:
171	171	(1) abuse, neglect, exploitation, or death of a child;
172	172	(2) a critical injury of a child; and
173	173	(3) an illness of a child that requires
174	174	hospitalization.
175	175	(b) A swim school shall report to the department each
176	176	serious incident involving a child who was under the supervision of
177	177	the swim school.
178	178	(c) The commission by rule shall prescribe the form and
179	179	manner in which a swim school must report a serious incident under
180	180	this section.
181	181	Sec. 769.158. REQUIRED PARENTAL NOTIFICATION OF SERIOUS
182	182	INCIDENT. A swim school shall immediately notify a parent of a
183	183	child who is involved in a serious incident as defined by Section
184	184	769.157 while the child is under supervision of the swim school.
185	185	SUBCHAPTER E. ENFORCEMENT
186	186	Sec. 769.201. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT
187	187	ACTION. A person who violates this chapter or a rule adopted under
188	188	this chapter is subject to an administrative penalty or other
189	189	penalties and enforcement action in accordance with Subchapters F
190	190	and G, Chapter 51, Occupations Code.
191	191	SECTION 2. Notwithstanding Chapter 769, Health and Safety
192	192	Code, as added by this Act, a person who operates a swim school is
193	193	not required to hold a license under that chapter to operate a swim
194	194	school in this state before January 1, 2022.
195	195	SECTION 3. (a) Except as provided by Subsection (b) of this
196	196	section, this Act takes effect September 1, 2021.
197	197	(b) Section 769.201, Health and Safety Code, as added by
198	198	this Act, takes effect January 1, 2022.