Texas 2023 - 88th Regular

Texas Senate Bill SB591 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3348 MCF-D
2	2	By: Zaffirini, Perry S.B. No. 591
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to child water safety requirements for certain
8	8	organizations; authorizing disciplinary action, including an
9	9	administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as Cati's Act.
12	12	SECTION 2. Subchapter D, Chapter 341, Health and Safety
13	13	Code, is amended by adding Section 341.0646 to read as follows:
14	14	Sec. 341.0646. CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN
15	15	ORGANIZATIONS. (a) In this section:
16	16	(1) "Body of water" means an artificial or natural
17	17	body of water, including a swimming pool, lake, or river, typically
18	18	used for recreational swimming, bathing, or play. The term does not
19	19	include a wading pool.
20	20	(2) "Child" means an individual younger than 12 years
21	21	of age.
22	22	(3) "Organized water activity" means an activity an
23	23	organization conducts in which a participant will enter or travel
24	24	on a body of water as part of the activity.
25	25	(4) "Wading pool" means a pool, including a pool that
26	26	contains a public interactive water feature and fountain as defined
27	27	by department rule, with a maximum water depth of not more than 18
28	28	inches.
29	29	(b) This section does not apply to:
30	30	(1) a youth camp licensed under Chapter 141; or
31	31	(2) a residential child-care facility as defined by
32	32	Section 42.002, Human Resources Code.
33	33	(c) An organization, including a day camp, youth camp,
34	34	school, preschool, kindergarten, nursery school, child-care
35	35	facility as defined by Section 42.002, Human Resources Code, or any
36	36	other facility providing child-care services licensed by the Health
37	37	and Human Services Commission that authorizes a child to engage in
38	38	an organized water activity shall:
39	39	(1) require the child's parent or legal guardian to
40	40	affirm in writing whether the child is able to swim or is at risk of
41	41	injury or death when swimming or otherwise accessing a body of
42	42	water; and
43	43	(2) except as provided by Subsection (d):
44	44	(A) provide to each child who is unable to swim or
45	45	is at risk of injury or death when swimming or otherwise entering a
46	46	body of water a properly fitted and fastened Type I, II, or III
47	47	United States Coast Guard approved personal flotation device or a
48	48	device the executive commissioner determines is equivalent; and
49	49	(B) ensure the child is wearing the personal
50	50	flotation device and the device is properly fitted and fastened for
51	51	the child.
52	52	(d) The organization is not required to provide a child with
53	53	a flotation device or ensure the child is wearing the device under
54	54	Subsection (c)(2) if:
55	55	(1) the child is actively participating in swim
56	56	instruction; and
57	57	(2) the organization ensures each child participating
58	58	in the instruction is closely supervised during the instruction.
59	59	(e) An organization licensed or otherwise regulated by this
60	60	state that violates this section or rules adopted under this
61	61	section is subject to disciplinary action, including the imposition
62	62	of an administrative penalty, by any state regulatory agency with
63	63	the power to impose disciplinary action on that organization as if
64	64	the organization violated the agency's licensing or other
65	65	regulatory laws or rules.
66	66	(f) The executive commissioner may adopt rules necessary to
67	67	implement this section.
68	68	SECTION 3. This Act takes effect September 1, 2023.