88R3348 MCF-D
By: Goodwin H.B. No. 59
A BILL TO BE ENTITLED
AN ACT
relating to child water safety requirements for certain
organizations; authorizing disciplinary action, including an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Cati's Act.
SECTION 2. Subchapter D, Chapter 341, Health and Safety
Code, is amended by adding Section 341.0646 to read as follows:
Sec. 341.0646. CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN
ORGANIZATIONS. (a) In this section:
(1) "Body of water" means an artificial or natural
body of water, including a swimming pool, lake, or river, typically
used for recreational swimming, bathing, or play. The term does not
include a wading pool.
(2) "Child" means an individual younger than 12 years
of age.
(3) "Organized water activity" means an activity an
organization conducts in which a participant will enter or travel
on a body of water as part of the activity.
(4) "Wading pool" means a pool, including a pool that
contains a public interactive water feature and fountain as defined
by department rule, with a maximum water depth of not more than 18
inches.
(b) This section does not apply to:
(1) a youth camp licensed under Chapter 141; or
(2) a residential child-care facility as defined by
Section 42.002, Human Resources Code.
(c) An organization, including a day camp, youth camp,
school, preschool, kindergarten, nursery school, child-care
facility as defined by Section 42.002, Human Resources Code, or any
other facility providing child-care services licensed by the Health
and Human Services Commission that authorizes a child to engage in
an organized water activity shall:
(1) require the child's parent or legal guardian to
affirm in writing whether the child is able to swim or is at risk of
injury or death when swimming or otherwise accessing a body of
water; and
(2) except as provided by Subsection (d):
(A) provide to each child who is unable to swim or
is at risk of injury or death when swimming or otherwise entering a
body of water a properly fitted and fastened Type I, II, or III
United States Coast Guard approved personal flotation device or a
device the executive commissioner determines is equivalent; and
(B) ensure the child is wearing the personal
flotation device and the device is properly fitted and fastened for
the child.
(d) The organization is not required to provide a child with
a flotation device or ensure the child is wearing the device under
Subsection (c)(2) if:
(1) the child is actively participating in swim
instruction; and
(2) the organization ensures each child participating
in the instruction is closely supervised during the instruction.
(e) An organization licensed or otherwise regulated by this
state that violates this section or rules adopted under this
section is subject to disciplinary action, including the imposition
of an administrative penalty, by any state regulatory agency with
the power to impose disciplinary action on that organization as if
the organization violated the agency's licensing or other
regulatory laws or rules.
(f) The executive commissioner may adopt rules necessary to
implement this section.
SECTION 3. This Act takes effect September 1, 2023.