Texas 2023 - 88th Regular

Texas House Bill HB59 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 59
2	2
3	3
4	4	AN ACT
5	5	relating to child water safety requirements for certain
6	6	organizations; authorizing disciplinary action, including an
7	7	administrative penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as Cati's Act.
10	10	SECTION 2. Subchapter D, Chapter 341, Health and Safety
11	11	Code, is amended by adding Section 341.0646 to read as follows:
12	12	Sec. 341.0646. CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN
13	13	ORGANIZATIONS. (a) In this section:
14	14	(1) "Body of water" means an artificial or natural
15	15	body of water, including a swimming pool, lake, or river, typically
16	16	used for recreational swimming, bathing, or play. The term does not
17	17	include a wading pool.
18	18	(2) "Child" means an individual younger than 12 years
19	19	of age.
20	20	(3) "Organized water activity" means an activity an
21	21	organization conducts in which a participant will enter or travel
22	22	on a body of water as part of the activity.
23	23	(4) "Wading pool" means a pool, including a pool that
24	24	contains a public interactive water feature and fountain as defined
25	25	by department rule, with a maximum water depth of not more than 18
26	26	inches.
27	27	(b) This section does not apply to:
28	28	(1) a youth camp licensed under Chapter 141;
29	29	(2) a residential child-care facility as defined by
30	30	Section 42.002, Human Resources Code; or
31	31	(3) a residential boarding school that allows an
32	32	employee, a family member of an employee, or a guest of an employee
33	33	to use a body of water at the school for recreational purposes.
34	34	(c) An organization, including a day camp, youth camp,
35	35	school, preschool, kindergarten, nursery school, child-care
36	36	facility as defined by Section 42.002, Human Resources Code, or any
37	37	other facility providing child-care services licensed by the Health
38	38	and Human Services Commission that authorizes a child to engage in
39	39	an organized water activity shall:
40	40	(1) require the child's parent or legal guardian to
41	41	affirm in writing whether the child is able to swim or is at risk of
42	42	injury or death when swimming or otherwise accessing a body of
43	43	water; and
44	44	(2) except as provided by Subsection (d):
45	45	(A) provide to each child who is unable to swim or
46	46	is at risk of injury or death when swimming or otherwise entering a
47	47	body of water a properly fitted and fastened Type I, II, or III
48	48	United States Coast Guard approved personal flotation device or a
49	49	device the executive commissioner determines is equivalent; and
50	50	(B) ensure the child is wearing the personal
51	51	flotation device and the device is properly fitted and fastened for
52	52	the child.
53	53	(d) The organization is not required to provide a child with
54	54	a flotation device or ensure the child is wearing the device under
55	55	Subsection (c)(2) if:
56	56	(1) the child is actively participating in swim
57	57	instruction or a competition; and
58	58	(2) the organization ensures each child participating
59	59	in the instruction or a competition is closely supervised during
60	60	the instruction or competition.
61	61	(e) An organization licensed or otherwise regulated by this
62	62	state that violates this section or rules adopted under this
63	63	section is subject to disciplinary action, including the imposition
64	64	of an administrative penalty, by any state regulatory agency with
65	65	the power to impose disciplinary action on that organization as if
66	66	the organization violated the agency's licensing or other
67	67	regulatory laws or rules.
68	68	(f) The executive commissioner may adopt rules necessary to
69	69	implement this section.
70	70	SECTION 3. This Act takes effect September 1, 2023.
71	71	______________________________ ______________________________
72	72	President of the Senate Speaker of the House
73	73	I certify that H.B. No. 59 was passed by the House on May 2,
74	74	2023, by the following vote: Yeas 110, Nays 35, 2 present, not
75	75	voting; and that the House concurred in Senate amendments to H.B.
76	76	No. 59 on May 15, 2023, by the following vote: Yeas 104, Nays 39, 1
77	77	present, not voting.
78	78	______________________________
79	79	Chief Clerk of the House
80	80	I certify that H.B. No. 59 was passed by the Senate, with
81	81	amendments, on May 11, 2023, by the following vote: Yeas 27, Nays
82	82	3.
83	83	______________________________
84	84	Secretary of the Senate
85	85	APPROVED: __________________
86	86	Date
87	87	__________________
88	88	Governor