Texas House Bill HB1568

Texas 2023 - 88th Regular

• Filed: 1/24/23
• Out of House Committee: 5/2/23

Caption

Relating to the licensing and regulation of child swim instruction operators; requiring an occupational license; imposing penalties, including administrative penalties; authorizing fees.

Impact

If enacted, HB 1568 will notably impact the existing landscape of swim instruction by enforcing new operational standards and safety protocols. Operators will be required to conduct criminal background checks on potential instructors and maintain safety certifications for their staff, including CPR training. Additionally, the Texas Department of Licensing and Regulation will be bestowed with the authority to administrate and enforce these new regulations, potentially altering how swim schools operate and setting a precedent for safety measures in child education environments.

Summary

House Bill 1568, titled the Mitchell Chang Swim Safety Act, is aimed at enhancing the safety regulations governing child swim instruction by introducing licensing requirements for swim instruction operators. The bill mandates that individuals or entities providing swim instruction to groups of three or more children under the age of seven must obtain an occupational license, which comes with specified training and safety obligations. The need for such regulations is underscored by tragic incidents involving child drownings, highlighting the critical importance of ensuring that instructors are properly trained and monitored.

Sentiment

The sentiment surrounding HB 1568 appears divided among stakeholders, particularly within the swim instruction community. Proponents, including some lawmakers and child safety advocates, view the bill as a necessary step towards preventing further tragedies and enhancing the overall safety culture within swim education. Conversely, opponents, notably representatives from swim schools and instructors, argue that the proposed regulations could lead to an overly burdensome regulatory environment that may adversely impact their operations and accessibility, emphasizing the need for a balanced approach to regulation.

Contention

Notable points of contention primarily stem from the perspectives of swim instruction operators who express concerns about the proposed regulatory framework. Critics of the bill, including members of organizations like the Texas Pool and Spa Coalition, argue that while the intention behind the bill is commendable, its execution could hinder swim instruction lessons by imposing excessive administrative requirements and penalties. They advocate for regulatory approaches that maintain high safety standards without compromising the operational flexibility necessary for effective swim instruction.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 769. Regulation Of Certain Group Homes
  • Section: New Section

Occupations Code

• Chapter 51. Texas Department Of Licensing And Regulation
  • Section: 2031