89R7418 KRM-F
By: Garcia of Bexar H.B. No. 1800
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of child swim instruction
operators; requiring an occupational license; imposing an
administrative penalty; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 767 to read as follows:
CHAPTER 767. REGULATION OF CHILD SWIM INSTRUCTION OPERATORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 767.001. SHORT TITLE. This chapter may be cited as the
Mitchell Chang Swim Safety Act.
Sec. 767.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Controlling person" means a person listed in
Section 51.409(a)(5), Occupations Code.
(3) "Department" means the Texas Department of
Licensing and Regulation.
(4) "Executive director" means the executive director
of the department.
(5) "Instructor" means an individual who for
compensation provides swim instruction directly to students on
behalf of an operator.
(6) "Operator" means a company, corporation,
partnership, or limited liability corporation that employs two or
more employees and provides or offers to provide swim instruction
for compensation.
(7) "Serious incident" means a suspected or actual
incident that occurs during and as a direct result of swim
instruction and that threatens or impairs the health, safety, or
well-being of a student. The term includes:
(A) abuse, neglect, exploitation, or death of a
student;
(B) a critical injury of a student; and
(C) an illness of a student that requires
hospitalization.
(8) "Student" means a child who is younger than seven
years of age.
(9) "Swim instruction" means the in-water educational
process of teaching an individual to swim.
Sec. 767.003. APPLICABILITY OF CHAPTER; EXEMPTIONS. (a)
Subject to Subsection (b), this chapter applies only to an operator
who provides swim instruction to a group of three or more students
at one time.
(b) This chapter does not apply to swim instruction provided
to students by:
(1) a youth camp licensed under Chapter 141;
(2) a child-care facility licensed under Chapter 42,
Human Resources Code; or
(3) a political subdivision.
SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES
Sec. 767.051. REGULATION BY DEPARTMENT; RULES. (a) The
department shall administer and enforce this chapter.
(b) The commission shall adopt rules as necessary to
implement this chapter, including rules prescribing:
(1) operating standards;
(2) qualifications for an operator's license;
(3) requirements to renew an operator's license; and
(4) minimum safety and training requirements.
Sec. 767.052. FEES. The commission by rule shall set fees
in the amounts reasonable and necessary to cover the costs of
administering this chapter.
Sec. 767.053. PUBLIC ACCESS TO INSPECTION REPORTS. An
operator shall release to the public on request a copy of any
inspection report the department issued to the operator in the
preceding two years.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 767.101. LICENSE REQUIRED. A person may not operate as
a swim instruction operator unless the person holds a license
issued under this chapter.
Sec. 767.102. LICENSE APPLICATION AND ISSUANCE; FEE. (a) A
person may submit to the department in the form and manner
prescribed by commission rule an application for an operator's
license under this chapter.
(b) The department shall issue an operator's license to an
applicant who:
(1) submits to the department a completed license
application and the required nonrefundable application fee; and
(2) satisfies the licensing requirements under this
chapter and rules adopted under this chapter.
Sec. 767.103. TERM AND LICENSE RENEWAL. (a) Unless revoked
or suspended, an operator's license issued under this chapter is
valid until the second anniversary of the date of issuance.
(b) To renew a license, a license holder must submit to the
department in the form and manner prescribed by commission rule an
application for license renewal.
(c) The department shall renew the operator's license of a
license holder who:
(1) submits a completed renewal application and the
required renewal fee; and
(2) complies with this chapter and rules adopted under
this chapter.
Sec. 767.104. REQUIRED CRIMINAL HISTORY RECORD INFORMATION
CHECK. The department shall perform a criminal history record
information check on each applicant for an operator's license and
on any controlling person of the applicant's company, corporation,
partnership, or limited liability corporation.
SUBCHAPTER D. OPERATIONAL STANDARDS
Sec. 767.151. MINIMUM SAFETY REQUIREMENTS. The commission
by rule shall establish minimum safety requirements for operators
to preserve student health and safety, including requirements on:
(1) instructor to student ratios during swim
instruction;
(2) training and certification for instructors; and
(3) available and operational automated external
defibrillators, as defined by Section 779.001.
Sec. 767.152. CERTIFICATION AND TRAINING REQUIREMENTS. (a)
Each manager and instructor for the operator must hold:
(1) a certificate to teach swimming techniques to
students after successfully completing training that complies with
the swim instructor training standards established by the American
Red Cross, the YMCA, or another entity the department approves with
swim instructor training standards substantially the same as those
established by the American Red Cross or the YMCA; and
(2) certifications from the American Red Cross, the
American Heart Association, or another nationally recognized
entity the department approves for:
(A) cardiopulmonary resuscitation; and
(B) automated external defibrillator use.
(b) An operator shall provide basic training to all
employees in:
(1) basic water rescue techniques; and
(2) the provision of first aid.
(c) An operator shall maintain records of the
certifications and training required by this section in the manner
prescribed by commission rule.
Sec. 767.153. REPORT OF SERIOUS INCIDENTS. (a) An operator
shall report to the department each serious incident involving a
student who was under the supervision of an operator or an
operator's employee or instructor.
(b) The commission by rule shall prescribe the form and
manner in which an operator must report a serious incident under
this section.
Sec. 767.154. REQUIRED EMPLOYEE CRIMINAL HISTORY RECORD
INFORMATION CHECK. (a) Before an operator may hire an instructor
or any other individual who will interact with students in the
course and scope of the individual's employment, the operator shall
perform a criminal history record information check on the
individual.
(b) An operator may not hire an instructor or any other
individual who will interact with students in the course and scope
of the individual's employment if the individual has been convicted
of an offense under Title 5, Penal Code, or Chapter 43, Penal Code,
involving an individual who is younger than 18 years of age.
SUBCHAPTER E. ENFORCEMENT
Sec. 767.201. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
ACTION. An applicant for an operator's license or a license holder
may be subject to denial of a license application or disciplinary
action, as applicable, if the applicant or license holder or a
controlling person of the applicant's or license holder's company,
corporation, partnership, or limited liability corporation:
(1) violates this chapter, a commission rule, or an
order of the commission or the executive director;
(2) obtains an operator's license by means of fraud,
misrepresentation, or concealment of a material fact;
(3) sells, barters, or offers to sell or barter an
operator's license; or
(4) is convicted of, or employs an instructor or any
other individual who interacts with students in the course and
scope of the individual's employment and who has been convicted of,
an offense under Title 5, Penal Code, or Chapter 43, Penal Code,
involving a child who is younger than 18 years of age.
Sec. 767.202. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT
ACTION. (a) A person who violates this chapter or a rule adopted
under this chapter is subject to an administrative penalty or other
penalties and enforcement action in accordance with Subchapters F
and G, Chapter 51, Occupations Code.
(b) An administrative penalty may not exceed $500 per day
for each violation. Each day a violation continues is a separate
violation for purposes of imposing a penalty.
SECTION 2. Section 411.093(a), Government Code, is amended
to read as follows:
(a) The Texas Department of Licensing and Regulation is
entitled to obtain criminal history record information as provided
by Subsection (b) that relates to:
(1) an applicant for or the holder of:
(A) a driver education instructor license under
Chapter 1001, Education Code;
(B) a license under Chapter 767, Health and
Safety Code;
(C) a license under Chapter 202, Occupations
Code;
(D) [(C)] a license under Chapter 401,
Occupations Code;
(E) [(D)] a license under Chapter 402,
Occupations Code; or
(F) [(E)] an instructor license or motorcycle
school license under Chapter 662, Transportation Code;
(2) a person who is:
(A) an applicant for or the holder of a license
under Chapter 91, Labor Code; or
(B) a controlling person, as defined by Chapter
91, Labor Code, of an entity described by Paragraph (A); or
(3) a person who:
(A) is an applicant for or the holder of a license
under Chapter 455, Occupations Code; or
(B) has an interest described under Section
455.1525(e), Occupations Code, in an entity described by Paragraph
(A).
SECTION 3. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0975 to read as follows:
Sec. 411.0975. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: SWIM INSTRUCTION OPERATORS. (a) In this section,
"swim instruction operator" means a person who holds a license
under Chapter 767, Health and Safety Code, to operate as a swim
instruction operator.
(b) A swim instruction operator may obtain state criminal
history record information from the department for an applicant for
employment with or volunteer of the operator.
(c) Criminal history record information obtained by a swim
instruction operator in the original form or any subsequent form:
(1) may not be released to any person except the person
who is the subject of the information;
(2) is not subject to disclosure as provided by
Chapter 552; and
(3) shall be destroyed by the operator after the
information is used for the authorized purpose.
SECTION 4. As soon as practicable after the effective date
of this Act, the Texas Commission of Licensing and Regulation shall
adopt rules necessary to implement Chapter 767, Health and Safety
Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2025.