Texas 2023 - 88th Regular

Texas Senate Bill SB765 Compare Versions

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1	1	By: Zaffirini S.B. No. 765
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the licensing and regulation of child swim instruction
7	7	operators; requiring an occupational license; imposing penalties,
8	8	including administrative penalties; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
11	11	amended by adding Chapter 769 to read as follows:
12	12	CHAPTER 769. REGULATION OF SWIM INSTRUCTION OPERATORS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 769.001. SHORT TITLE. This chapter may be cited as the
15	15	Mitchell Chang Swim Safety Act.
16	16	Sec. 769.002. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Texas Commission of
18	18	Licensing and Regulation.
19	19	(2) "Department" means the Texas Department of
20	20	Licensing and Regulation.
21	21	(3) "Health care professional" means a licensed
22	22	physician, licensed physician assistant, licensed advanced
23	23	practice registered nurse, licensed vocational nurse, registered
24	24	nurse, or other individual licensed to provide health care within
25	25	the scope of the license.
26	26	(4) "Instructor" means an individual who provides swim
27	27	instruction.
28	28	(5) "Operator" means a company, corporation,
29	29	partnership, or sole proprietorship that provides swim instruction
30	30	in the ordinary course of business.
31	31	(6) "Serious incident" means a circumstance occurring
32	32	in the course of swim instruction that requires attention by a
33	33	health care professional. The term includes:
34	34	(A) abuse, neglect, exploitation, or death of a
35	35	student;
36	36	(B) a critical injury of a student; and
37	37	(C) an illness of a student that requires
38	38	hospitalization.
39	39	(7) "Student" means a child who is six years of age or
40	40	younger and receives swim instruction.
41	41	Sec. 769.003. APPLICABILITY OF CHAPTER; EXEMPTIONS. (a)
42	42	Subject to Subsection (b), this chapter applies only to an operator
43	43	that provides swim instruction to students who are six years of age
44	44	or younger in a group of three or more students, regardless of
45	45	whether a parent is present at the time of instruction.
46	46	(b) This chapter does not apply to swim instruction provided
47	47	to students by:
48	48	(1) a political subdivision as defined by Section
49	49	172.003, Local Government Code; or
50	50	(2) a child-care facility the Health and Human
51	51	Services Commission licenses.
52	52	Sec. 769.004. APPLICABILITY OF OTHER LAW. Chapter 51,
53	53	Occupations Code, applies to an operator licensed under this
54	54	chapter.
55	55	SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES
56	56	Sec. 769.051. REGULATION BY DEPARTMENT. The department
57	57	shall administer and enforce this chapter.
58	58	Sec. 769.052. RULES. The commission shall adopt rules to
59	59	administer and enforce this chapter, including rules prescribing:
60	60	(1) operating standards; and
61	61	(2) minimum safety and training requirements.
62	62	Sec. 769.053. FEES. The commission by rule shall set
63	63	license, application, and renewal fees in the amounts reasonable
64	64	and necessary to cover the department's costs in administering this
65	65	chapter.
66	66	Sec. 769.054. COMPLAINTS SUBMITTED TO DEPARTMENT. (a) A
67	67	person may submit a complaint to the department concerning an
68	68	operator or an operator's employee or instructor.
69	69	(b) The department may investigate a complaint submitted
70	70	under this section in accordance with Subchapter E, Chapter 51,
71	71	Occupations Code.
72	72	Sec. 769.055. INSPECTION BY DEPARTMENT. (a) The department
73	73	may inspect an operator's place of business or other location where
74	74	the operator provides swim instruction on the department's receipt
75	75	of a complaint about the operator or a report of a serious incident
76	76	that the department determines warrants further investigation and
77	77	inspection.
78	78	(b) An authorized representative of the department may
79	79	visit an operator's place of business or other location where the
80	80	operator provides swim instruction during operating hours to
81	81	investigate, inspect, and evaluate compliance with the
82	82	department's operating standards, including safety and training
83	83	requirements.
84	84	(c) Following an inspection, the department shall review
85	85	the results of the inspection with the operator, notify the
86	86	operator of any violations found during the inspection, and provide
87	87	the operator an opportunity to respond to the inspection results.
88	88	(d) The department shall provide an operator 15 business
89	89	days after the date the operator is notified of a violation under
90	90	Subsection (c) to cure the violation unless the violation is
91	91	related to a serious incident. If the operator fails to cure the
92	92	violation during that period, the department may take
93	93	administrative action against the operator under Subchapter E.
94	94	Sec. 769.056. SEARCHABLE DATABASE. The department shall
95	95	maintain on the department's Internet website a searchable
96	96	database that contains information on each operator the department
97	97	licenses, including:
98	98	(1) the name of the operator;
99	99	(2) a record of all substantiated serious incidents
100	100	reported under Section 769.153 or discovered by the department
101	101	within the preceding five years; and
102	102	(3) results of inspections conducted by the department
103	103	within the preceding five years, and whether a violation identified
104	104	during an inspection was successfully cured by the operator within
105	105	the prescribed period.
106	106	SUBCHAPTER C. LICENSE REQUIREMENTS
107	107	Sec. 769.101. LICENSE REQUIRED. A person may not operate as
108	108	a swim instruction operator unless the person holds a license
109	109	issued under this chapter.
110	110	Sec. 769.102. LICENSE APPLICATION AND ISSUANCE; FEE. (a) A
111	111	person may submit to the department in the form and manner
112	112	prescribed by commission rule an application for an operator's
113	113	license under this chapter.
114	114	(b) The department shall issue an operator's license to an
115	115	applicant who:
116	116	(1) submits to the department a completed license
117	117	application and the required nonrefundable application fee; and
118	118	(2) satisfies the licensing requirements under this
119	119	chapter and rules adopted under this chapter.
120	120	Sec. 769.103. TERM AND LICENSE RENEWAL. (a) Unless revoked
121	121	or suspended, an operator's license issued under this chapter is
122	122	valid for two years.
123	123	(b) To renew a license, a license holder must submit to the
124	124	department in the form and manner prescribed by commission rule an
125	125	application for license renewal.
126	126	(c) The department shall renew the operator's license of a
127	127	license holder who:
128	128	(1) submits a completed renewal application and the
129	129	required renewal fee; and
130	130	(2) complies with this chapter and rules adopted under
131	131	this chapter.
132	132	Sec. 769.104. REQUIRED SEARCH OF CENTRAL REGISTRY OF
133	133	REPORTED CASES OF CHILD ABUSE OR NEGLECT. The department may not
134	134	issue or renew an operator's license under this chapter unless the
135	135	operator provides documentation to the department showing that the
136	136	operator:
137	137	(1) searched or requested a search of the central
138	138	registry of substantiated cases of child abuse or neglect
139	139	established under Section 261.002, Family Code;
140	140	(2) determined the operator and the operator's
141	141	employees and instructors present during swim instruction
142	142	operating hours are not listed in the registry as a person who
143	143	abused or neglected a child; and
144	144	(3) maintains records regarding the searches
145	145	conducted under this section.
146	146	Sec. 769.105. CRIMINAL HISTORY RECORD INFORMATION. The
147	147	department may not issue or renew a license under this chapter
148	148	unless the department conducts a check of the criminal history
149	149	record information for the operator.
150	150	Sec. 769.106. EDUCATION AND OUTREACH. The department may:
151	151	(1) develop training and educational materials
152	152	related to child swim safety; and
153	153	(2) provide training and educational materials and
154	154	opportunities to operators, operators' employees and instructors,
155	155	and the public.
156	156	SUBCHAPTER D. OPERATIONAL STANDARDS
157	157	Sec. 769.151. MINIMUM SAFETY REQUIREMENTS. An operator
158	158	must comply with minimum safety requirements prescribed by
159	159	commission rule for:
160	160	(1) swim instructor to student ratios during student
161	161	swim instruction; and
162	162	(2) training and certification requirements for
163	163	instructors.
164	164	Sec. 769.152. CERTIFICATION AND TRAINING REQUIREMENTS. (a)
165	165	Each manager and instructor for the operator must:
166	166	(1) be certified to teach swimming techniques to
167	167	students after successfully completing training that complies with
168	168	the swim instructor training standards established by the American
169	169	Red Cross, the YMCA, or another entity the department approves
170	170	whose swim instructor training standards are substantially the
171	171	same as those established by the American Red Cross or the YMCA; and
172	172	(2) hold certifications from the American Red Cross,
173	173	the American Heart Association, or another nationally recognized
174	174	entity the department approves for:
175	175	(A) cardiopulmonary resuscitation; and
176	176	(B) automated external defibrillator use.
177	177	(b) An operator shall provide basic training to all
178	178	employees in:
179	179	(1) basic water rescue techniques; and
180	180	(2) the provision of first aid.
181	181	(c) An operator shall maintain records of the
182	182	certifications and training required by this section in the manner
183	183	prescribed by commission rule.
184	184	Sec. 769.153. REPORT OF SERIOUS INCIDENTS. (a) An operator
185	185	shall report to the department each serious incident involving a
186	186	student who was under the supervision of an operator or an
187	187	operator's employee or instructor.
188	188	(b) The commission by rule shall prescribe the form and
189	189	manner in which an operator must report a serious incident under
190	190	this section.
191	191	SUBCHAPTER E. ENFORCEMENT
192	192	Sec. 769.201. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT
193	193	ACTION. (a) A person who violates this chapter or a rule adopted
194	194	under this chapter is subject to an administrative penalty or other
195	195	penalties and enforcement action in accordance with Subchapters F
196	196	and G, Chapter 51, Occupations Code.
197	197	(b) An administrative penalty may not exceed $500 per day
198	198	for each violation. Each day a violation continues is a separate
199	199	violation for purposes of imposing a penalty.
200	200	SECTION 2. Section 51.2031(a), Occupations Code, is amended
201	201	to read as follows:
202	202	(a) This section applies only to the regulation of the
203	203	following professions by the department:
204	204	(1) athletic trainers;
205	205	(2) behavior analysts;
206	206	(3) dietitians;
207	207	(4) hearing instrument fitters and dispensers;
208	208	(5) midwives;
209	209	(6) orthotists and prosthetists; [and]
210	210	(7) speech-language pathologists and audiologists;
211	211	and
212	212	(8) swim instruction operators licensed under Chapter
213	213	769, Health and Safety Code.
214	214	SECTION 3. (a) Not later than June 1, 2024, the Texas
215	215	Commission of Licensing and Regulation shall adopt the rules
216	216	required by Chapter 769, Health and Safety Code, as added by this
217	217	Act.
218	218	(b) Notwithstanding Chapter 769, Health and Safety Code, as
219	219	added by this Act, a person is not required to hold a license under
220	220	that chapter before September 1, 2024.
221	221	(c) Subchapters F and G, Chapter 51, Occupations Code, do
222	222	not apply to conduct described by Section 769.101, Health and
223	223	Safety Code, as added by this Act, before September 1, 2024.
224	224	SECTION 4. (a) Except as provided by Subsection (b) of
225	225	this section, this Act takes effect September 1, 2023.
226	226	(b) Sections 769.105 and 769.106, Health and Safety Code, as
227	227	added by this Act, take effect September 1, 2024.