88R21191 KKR-F
By: Allison, Garcia, Thimesch H.B. No. 1568
Substitute the following for H.B. No. 1568:
By: King of Hemphill C.S.H.B. No. 1568
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of child swim instruction
operators; requiring an occupational license; 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 SWIM INSTRUCTION OPERATORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 769.001. SHORT TITLE. This chapter may be cited as the
Mitchell Chang Swim Safety Act.
Sec. 769.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Controlling person" means a person listed in
Section 51.409(a)(5), Occupations Code.
(3) "Department" means the Texas Department of
Licensing and Regulation.
(4) "Executive director" means the executive director
of the department.
(5) "Instructor" means an individual who for
compensation provides swim instruction directly to students on
behalf of an operator.
(6) "Operator" means a company, corporation,
partnership, or limited liability corporation that employs two or
more employees and provides or offers to provide swim instruction
for compensation.
(7) "Serious incident" means a suspected or actual
incident that occurs during and as a direct result of swim
instruction and that threatens or impairs the health, safety, or
well-being of a student. The term includes:
(A) abuse, neglect, exploitation, or death of a
student;
(B) a critical injury of a student; and
(C) an illness of a student that requires
hospitalization.
(8) "Student" means a child who is younger than seven
years of age.
(9) "Swim instruction" means the in-water educational
process of teaching an individual to swim.
Sec. 769.003. APPLICABILITY OF CHAPTER; EXEMPTIONS. (a)
Subject to Subsection (b), this chapter applies only to an operator
who provides swim instruction to a group of three or more students
at one time.
(b) This chapter does not apply to swim instruction provided
to students by:
(1) a youth camp licensed under Chapter 141;
(2) a child-care facility licensed under Chapter 42,
Human Resources Code; or
(3) a political subdivision as defined by Section
172.003, Local Government Code.
SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES
Sec. 769.051. REGULATION BY DEPARTMENT; RULES. (a) The
department shall administer and enforce this chapter.
(b) The commission shall adopt rules as necessary to
implement this chapter, including rules prescribing:
(1) operating standards;
(2) qualifications for an operator's license;
(3) requirements to renew an operator's license; and
(4) minimum safety and training requirements.
Sec. 769.052. FEES. The commission by rule shall set fees
in the amounts reasonable and necessary to cover the costs of
administering this chapter.
Sec. 769.053. PUBLIC ACCESS TO INSPECTION REPORTS. An
operator shall make available to the public on request a copy of any
inspection report issued to the operator by the department in the
preceding two years.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 769.101. LICENSE REQUIRED. A person may not operate as
a swim instruction operator unless the person holds a license
issued 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 an operator's
license under this chapter.
(b) The department shall issue an operator's license to an
applicant who:
(1) submits to the department a completed license
application and the required nonrefundable application fee; and
(2) satisfies the licensing requirements under this
chapter and rules adopted under this chapter.
Sec. 769.103. TERM AND LICENSE RENEWAL. (a) Unless revoked
or suspended, an operator's license issued under this chapter is
valid for two years.
(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) The department shall renew the operator's 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 CRIMINAL HISTORY RECORD INFORMATION
CHECK. The department shall perform a criminal history record
information check on each applicant for an operator's license and
on any controlling person of the applicant's company, corporation,
partnership, or limited liability corporation.
SUBCHAPTER D. OPERATIONAL STANDARDS
Sec. 769.151. MINIMUM SAFETY REQUIREMENTS. The commission
by rule shall establish minimum safety requirements for operators,
including requirements on:
(1) instructor to student ratios during the provision
of swim instruction;
(2) training and certification for instructors; and
(3) available and operational automated external
defibrillators, as defined by Section 779.001.
Sec. 769.152. CERTIFICATION AND TRAINING REQUIREMENTS. (a)
Each manager and instructor for the operator must:
(1) be certified to teach swimming techniques to
students after successfully completing training that complies with
the swim instructor training standards established by the American
Red Cross, the YMCA, or another entity the department approves
whose swim instructor training standards are substantially the same
as those established by the American Red Cross or the YMCA; and
(2) hold certifications from the American Red Cross,
the American Heart Association, or another nationally recognized
entity the department approves for:
(A) cardiopulmonary resuscitation; and
(B) automated external defibrillator use.
(b) An operator shall provide basic training to all
employees in:
(1) basic water rescue techniques; and
(2) the provision of first aid.
(c) An operator shall maintain records of the
certifications and training required by this section in the manner
prescribed by commission rule.
Sec. 769.153. REPORT OF SERIOUS INCIDENTS. (a) An operator
shall report to the department each serious incident involving a
student who was under the supervision of an operator or an
operator's employee or instructor.
(b) The commission by rule shall prescribe the form and
manner in which an operator must report a serious incident under
this section.
Sec. 769.154. REQUIRED EMPLOYEE CRIMINAL HISTORY RECORD
INFORMATION CHECK. (a) Before an operator may hire an instructor
or any other individual who will interact with students in the
course and scope of the individual's employment, the operator shall
perform a criminal history record information check on the
individual.
(b) An operator may not hire an instructor or any other
individual who will interact with students in the course and scope
of the individual's employment if the individual has been convicted
of an offense under Title 5, Penal Code, or Chapter 43, Penal Code,
involving an individual who is younger than 18 years of age.
SUBCHAPTER E. ENFORCEMENT
Sec. 769.201. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
ACTION. An applicant for an operator's license or a license holder
may be subject to denial of a license application or disciplinary
action, as applicable, if the applicant or license holder or a
controlling person of the applicant's or license holder's company,
corporation, partnership, or limited liability corporation:
(1) violates this chapter, a commission rule, or an
order of the commission or the executive director;
(2) obtains an operator's license by means of fraud,
misrepresentation, or concealment of a material fact;
(3) sells, barters, or offers to sell or barter an
operator's license; or
(4) is convicted of, or employs an instructor or any
other individual who interacts with students in the course and
scope of the individual's employment and who has been convicted of,
an offense under Title 5, Penal Code, or Chapter 43, Penal Code,
involving a child who is younger than 18 years of age.
Sec. 769.202. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT
ACTION. (a) 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.
(b) An administrative penalty may not exceed $500 per day
for each violation. Each day a violation continues is a separate
violation for purposes of imposing a penalty.
SECTION 2. This Act takes effect September 1, 2024.