By: Landgraf H.B. No. 3357
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of child swim schools;
imposing penalties, including administrative penalties;
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 769 to read as follows:
CHAPTER 769. REGULATION OF CHILD SWIM SCHOOLS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 769.001. SHORT TITLE. This chapter may be cited as the
Mitchell Chang Swim School Safety Act.
Sec. 769.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Operator" means a person who owns, controls, or
has operational responsibility for a swim school.
(4) "Student" means a child who is six years of age or
younger and receives swim instruction at a swim school.
(5) "Swim school" means a business that provides swim
instruction and employs at least three individuals on a full or
part-time basis whose responsibilities include providing in water
swimming instructions to students.
Sec. 769.003. APPLICABILITY OF CHAPTER. This chapter
applies only to a swim school that provides swim instruction to
children who are six years of age or younger in a group of two or
more students, regardless of whether a parent is present at the time
of instruction.
Sec. 769.004. APPLICABILITY OF OTHER LAW. Chapter 51,
Occupations Code, applies to a swim school licensed under this
chapter.
SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES
Sec. 769.051. RULES. The commission shall adopt rules to
implement this chapter.
Sec. 769.052. FEES. The commission by rule shall set
license, application, and renewal fees in the amounts reasonable
and necessary to cover the department's costs in administering this
chapter.
Sec. 769.053. COMPLAINTS. (a) Any individual may submit a
complaint to the department concerning a swim school or a swim
school employee. The department shall establish a process for
submitting a complaint through the department's Internet website.
(b) The department may investigate a complaint made under
this section in accordance with Subchapter E, Chapter 51,
Occupations Code.
Sec. 769.054. INSPECTION BY DEPARTMENT. (a) The department
shall inspect a swim school:
(1) at least annually; and
(2) on receipt by the department of a complaint about
the swim school that the department determines to warrant further
investigation and inspection.
(b) An authorized representative of the department shall
visit a swim school during operating hours to investigate, inspect,
and evaluate compliance with swim school operating standards.
(c) Following an inspection, the department shall review
the results of the inspection with the swim school and provide the
swim school an opportunity to respond to the inspection results.
(d) For violations or infractions that do not include a
serious incident of a student, as defined by section 769.157, the
swim school and the operator shall be given five business days to
cure any violations or infractions before any punitive action may
be taken by the department.
Sec. 769.055. SEARCHABLE DATABASE. The department shall
maintain on the department's Internet website a searchable database
that contains information on each swim school licensed by the
department, including:
(1) the name of the operator;
(2) any criminal convictions of the operator;
(3) incidents at the swim school that require the
hospitalization of a child under the supervision of the swim
school;
(4) safety violations committed by the swim school;
(5) complaints filed against a swim school under
Section 769.053 that the department determined to further
investigate; and
(6) results of inspections conducted by the department
under Section 769.054, including the acknowledgement of any results
that were successfully cured by the swim school and the operator
within five business days.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 769.101. LICENSE REQUIRED. A person may not operate a
swim school unless the person holds a license to operate the swim
school issued by the department under this chapter.
Sec. 769.102. LICENSE APPLICATION AND ISSUANCE; FEE. (a) A
person may submit to the department in the form and manner
prescribed by commission rule an application for a license to
operate a swim school under this chapter.
(b) The application for a swim school license must include
the identity of the operator of the swim school and be accompanied
by the certifications required by Section 769.153.
(c) The department shall issue a swim school license to an
applicant who:
(1) submits to the department a completed license
application and the required nonrefundable application fee; and
(2) complies with this chapter and rules adopted under
this chapter.
Sec. 769.103. TERM AND LICENSE RENEWAL. (a) Unless revoked
or suspended, a swim school license issued under this chapter is
valid for one year.
(b) To renew a license, a license holder must submit to the
department in the form and manner prescribed by commission rule an
application for license renewal.
(c) As a condition of renewal, a license holder must satisfy
the requirements that apply to an applicant for an initial license
under Section 769.102.
(d) The department shall renew the swim school license of a
license holder who:
(1) submits a completed renewal application and the
required renewal fee; and
(2) complies with this chapter and rules adopted under
this chapter.
Sec. 769.104. REQUIRED SEARCH OF CENTRAL REGISTRY OF
REPORTED CASES OF CHILD ABUSE OR NEGLECT. The department may not
issue or renew a swim school license under this chapter unless the
department searches the central registry of reported cases of child
abuse or neglect established under Section 261.002, Family Code,
and determines the swim school applicant, operator, and any
employee included on the application form are not listed in the
registry as a person who abused or neglected a child.
SUBCHAPTER D. SWIM SCHOOL OPERATION
Sec. 769.151. EMPLOYEE CRIMINAL HISTORY RECORD
INFORMATION. Before a swim school may hire an individual for
full-time employment, the swim school shall obtain criminal history
record information on the individual and may not hire an individual
whose criminal history record information is unacceptable.
Sec. 769.152. MINIMUM SAFETY REQUIREMENTS. (a) The
department shall adopt rules necessary to establish an acceptable
student to swim instructor ratio for swim classes offered by a swim
school, and any additional employees that may be necessary to serve
in a dedicated supervisory role of the swim classes offered in order
to assist in ensuring the overall health and safety of all students
and swim school employees. In addition to all other information,
the ratio of student to swim instructor shall take into
consideration: whether a parent or legal guardian is required to be
in the water during the time of instruction with the student, any
student skill level necessary to qualify for a certain class, and
the training and accreditation of a swim school employee as set
forth by this chapter.
(b) A swim school must have available an automated external
defibrillator.
Sec. 769.153. CERTIFICATION AND TRAINING REQUIREMENTS. (a)
Each swim school operator and employee must:
(1) be certified by an accredited entity as a water
safety instructor for teaching swimming techniques to children
after successfully completing training that complies with the
American Red Cross's swimming and water safety training standards;
(2) if the operator or employee provides swim classes
to children younger than five years of age, successfully complete
additional water safety instructor training from an accredited
entity on swimming instruction for the age group taught by the
operator or employee; and
(3) hold certifications from an accredited entity for:
(A) cardiopulmonary resuscitation; and
(B) automated external defibrillator use.
(b) A swim school shall provide training to all employees
in:
(1) the application of first aid;
(2) the prevention and spread of communicable
diseases; and
(3) the industry standard protocols for preventing
drowning.
Sec. 769.157. REPORT OF SERIOUS INCIDENTS AND VIOLATIONS.
(a) In this section, "serious incident" means a suspected or actual
incident that threatens or impairs the basic health, safety, or
well-being of a child. The term includes:
(1) abuse, neglect, exploitation, or death of a child;
(2) a critical injury of a child; and
(3) an illness of a child that requires
hospitalization.
(b) A swim school shall report to the department each
serious incident involving a child who was under the supervision of
the swim school.
(c) The commission by rule shall prescribe the form and
manner in which a swim school must report a serious incident under
this section.
Sec. 769.158. REQUIRED PARENTAL NOTIFICATION OF SERIOUS
INCIDENT. A swim school shall immediately notify a parent of a
child who is involved in a serious incident as defined by Section
769.157 while the child is under supervision of the swim school.
SUBCHAPTER E. ENFORCEMENT
Sec. 769.201. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT
ACTION. A person who violates this chapter or a rule adopted under
this chapter is subject to an administrative penalty or other
penalties and enforcement action in accordance with Subchapters F
and G, Chapter 51, Occupations Code.
SECTION 2. Notwithstanding Chapter 769, Health and Safety
Code, as added by this Act, a person who operates a swim school is
not required to hold a license under that chapter to operate a swim
school in this state before January 1, 2022.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2021.
(b) Section 769.201, Health and Safety Code, as added by
this Act, takes effect January 1, 2022.