Texas 2023 - 88th Regular

Texas House Bill HB1568 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R21191 KKR-F
2	2	By: Allison, Garcia, Thimesch H.B. No. 1568
3	3	Substitute the following for H.B. No. 1568:
4	4	By: King of Hemphill C.S.H.B. No. 1568
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of child swim instruction
10	10	operators; requiring an occupational license; imposing penalties,
11	11	including administrative penalties; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
14	14	amended by adding Chapter 769 to read as follows:
15	15	CHAPTER 769. REGULATION OF SWIM INSTRUCTION OPERATORS
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 769.001. SHORT TITLE. This chapter may be cited as the
18	18	Mitchell Chang Swim Safety Act.
19	19	Sec. 769.002. DEFINITIONS. In this chapter:
20	20	(1) "Commission" means the Texas Commission of
21	21	Licensing and Regulation.
22	22	(2) "Controlling person" means a person listed in
23	23	Section 51.409(a)(5), Occupations Code.
24	24	(3) "Department" means the Texas Department of
25	25	Licensing and Regulation.
26	26	(4) "Executive director" means the executive director
27	27	of the department.
28	28	(5) "Instructor" means an individual who for
29	29	compensation provides swim instruction directly to students on
30	30	behalf of an operator.
31	31	(6) "Operator" means a company, corporation,
32	32	partnership, or limited liability corporation that employs two or
33	33	more employees and provides or offers to provide swim instruction
34	34	for compensation.
35	35	(7) "Serious incident" means a suspected or actual
36	36	incident that occurs during and as a direct result of swim
37	37	instruction and that threatens or impairs the health, safety, or
38	38	well-being of a student. The term includes:
39	39	(A) abuse, neglect, exploitation, or death of a
40	40	student;
41	41	(B) a critical injury of a student; and
42	42	(C) an illness of a student that requires
43	43	hospitalization.
44	44	(8) "Student" means a child who is younger than seven
45	45	years of age.
46	46	(9) "Swim instruction" means the in-water educational
47	47	process of teaching an individual to swim.
48	48	Sec. 769.003. APPLICABILITY OF CHAPTER; EXEMPTIONS. (a)
49	49	Subject to Subsection (b), this chapter applies only to an operator
50	50	who provides swim instruction to a group of three or more students
51	51	at one time.
52	52	(b) This chapter does not apply to swim instruction provided
53	53	to students by:
54	54	(1) a youth camp licensed under Chapter 141;
55	55	(2) a child-care facility licensed under Chapter 42,
56	56	Human Resources Code; or
57	57	(3) a political subdivision as defined by Section
58	58	172.003, Local Government Code.
59	59	SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES
60	60	Sec. 769.051. REGULATION BY DEPARTMENT; RULES. (a) The
61	61	department shall administer and enforce this chapter.
62	62	(b) The commission shall adopt rules as necessary to
63	63	implement this chapter, including rules prescribing:
64	64	(1) operating standards;
65	65	(2) qualifications for an operator's license;
66	66	(3) requirements to renew an operator's license; and
67	67	(4) minimum safety and training requirements.
68	68	Sec. 769.052. FEES. The commission by rule shall set fees
69	69	in the amounts reasonable and necessary to cover the costs of
70	70	administering this chapter.
71	71	Sec. 769.053. PUBLIC ACCESS TO INSPECTION REPORTS. An
72	72	operator shall make available to the public on request a copy of any
73	73	inspection report issued to the operator by the department in the
74	74	preceding two years.
75	75	SUBCHAPTER C. LICENSE REQUIREMENTS
76	76	Sec. 769.101. LICENSE REQUIRED. A person may not operate as
77	77	a swim instruction operator unless the person holds a license
78	78	issued under this chapter.
79	79	Sec. 769.102. LICENSE APPLICATION AND ISSUANCE; FEE. (a) A
80	80	person may submit to the department in the form and manner
81	81	prescribed by commission rule an application for an operator's
82	82	license under this chapter.
83	83	(b) The department shall issue an operator's license to an
84	84	applicant who:
85	85	(1) submits to the department a completed license
86	86	application and the required nonrefundable application fee; and
87	87	(2) satisfies the licensing requirements under this
88	88	chapter and rules adopted under this chapter.
89	89	Sec. 769.103. TERM AND LICENSE RENEWAL. (a) Unless revoked
90	90	or suspended, an operator's license issued under this chapter is
91	91	valid for two years.
92	92	(b) To renew a license, a license holder must submit to the
93	93	department in the form and manner prescribed by commission rule an
94	94	application for license renewal.
95	95	(c) The department shall renew the operator's license of a
96	96	license holder who:
97	97	(1) submits a completed renewal application and the
98	98	required renewal fee; and
99	99	(2) complies with this chapter and rules adopted under
100	100	this chapter.
101	101	Sec. 769.104. REQUIRED CRIMINAL HISTORY RECORD INFORMATION
102	102	CHECK. The department shall perform a criminal history record
103	103	information check on each applicant for an operator's license and
104	104	on any controlling person of the applicant's company, corporation,
105	105	partnership, or limited liability corporation.
106	106	SUBCHAPTER D. OPERATIONAL STANDARDS
107	107	Sec. 769.151. MINIMUM SAFETY REQUIREMENTS. The commission
108	108	by rule shall establish minimum safety requirements for operators,
109	109	including requirements on:
110	110	(1) instructor to student ratios during the provision
111	111	of swim instruction;
112	112	(2) training and certification for instructors; and
113	113	(3) available and operational automated external
114	114	defibrillators, as defined by Section 779.001.
115	115	Sec. 769.152. CERTIFICATION AND TRAINING REQUIREMENTS. (a)
116	116	Each manager and instructor for the operator must:
117	117	(1) be certified to teach swimming techniques to
118	118	students after successfully completing training that complies with
119	119	the swim instructor training standards established by the American
120	120	Red Cross, the YMCA, or another entity the department approves
121	121	whose swim instructor training standards are substantially the same
122	122	as those established by the American Red Cross or the YMCA; and
123	123	(2) hold certifications from the American Red Cross,
124	124	the American Heart Association, or another nationally recognized
125	125	entity the department approves for:
126	126	(A) cardiopulmonary resuscitation; and
127	127	(B) automated external defibrillator use.
128	128	(b) An operator shall provide basic training to all
129	129	employees in:
130	130	(1) basic water rescue techniques; and
131	131	(2) the provision of first aid.
132	132	(c) An operator shall maintain records of the
133	133	certifications and training required by this section in the manner
134	134	prescribed by commission rule.
135	135	Sec. 769.153. REPORT OF SERIOUS INCIDENTS. (a) An operator
136	136	shall report to the department each serious incident involving a
137	137	student who was under the supervision of an operator or an
138	138	operator's employee or instructor.
139	139	(b) The commission by rule shall prescribe the form and
140	140	manner in which an operator must report a serious incident under
141	141	this section.
142	142	Sec. 769.154. REQUIRED EMPLOYEE CRIMINAL HISTORY RECORD
143	143	INFORMATION CHECK. (a) Before an operator may hire an instructor
144	144	or any other individual who will interact with students in the
145	145	course and scope of the individual's employment, the operator shall
146	146	perform a criminal history record information check on the
147	147	individual.
148	148	(b) An operator may not hire an instructor or any other
149	149	individual who will interact with students in the course and scope
150	150	of the individual's employment if the individual has been convicted
151	151	of an offense under Title 5, Penal Code, or Chapter 43, Penal Code,
152	152	involving an individual who is younger than 18 years of age.
153	153	SUBCHAPTER E. ENFORCEMENT
154	154	Sec. 769.201. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
155	155	ACTION. An applicant for an operator's license or a license holder
156	156	may be subject to denial of a license application or disciplinary
157	157	action, as applicable, if the applicant or license holder or a
158	158	controlling person of the applicant's or license holder's company,
159	159	corporation, partnership, or limited liability corporation:
160	160	(1) violates this chapter, a commission rule, or an
161	161	order of the commission or the executive director;
162	162	(2) obtains an operator's license by means of fraud,
163	163	misrepresentation, or concealment of a material fact;
164	164	(3) sells, barters, or offers to sell or barter an
165	165	operator's license; or
166	166	(4) is convicted of, or employs an instructor or any
167	167	other individual who interacts with students in the course and
168	168	scope of the individual's employment and who has been convicted of,
169	169	an offense under Title 5, Penal Code, or Chapter 43, Penal Code,
170	170	involving a child who is younger than 18 years of age.
171	171	Sec. 769.202. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT
172	172	ACTION. (a) A person who violates this chapter or a rule adopted
173	173	under this chapter is subject to an administrative penalty or other
174	174	penalties and enforcement action in accordance with Subchapters F
175	175	and G, Chapter 51, Occupations Code.
176	176	(b) An administrative penalty may not exceed $500 per day
177	177	for each violation. Each day a violation continues is a separate
178	178	violation for purposes of imposing a penalty.
179	179	SECTION 2. This Act takes effect September 1, 2024.