Texas 2025 - 89th Regular

Texas House Bill HB1800 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R7418 KRM-F
2	2	By: Garcia of Bexar H.B. No. 1800
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of child swim instruction
10	10	operators; requiring an occupational license; imposing an
11	11	administrative penalty; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
14	14	amended by adding Chapter 767 to read as follows:
15	15	CHAPTER 767. REGULATION OF CHILD SWIM INSTRUCTION OPERATORS
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 767.001. SHORT TITLE. This chapter may be cited as the
18	18	Mitchell Chang Swim Safety Act.
19	19	Sec. 767.002. DEFINITIONS. In this chapter:
20	20	(1) "Commission" means the Texas Commission of
21	21	Licensing and Regulation.
22	22	(2) "Controlling person" means a person listed in
23	23	Section 51.409(a)(5), Occupations Code.
24	24	(3) "Department" means the Texas Department of
25	25	Licensing and Regulation.
26	26	(4) "Executive director" means the executive director
27	27	of the department.
28	28	(5) "Instructor" means an individual who for
29	29	compensation provides swim instruction directly to students on
30	30	behalf of an operator.
31	31	(6) "Operator" means a company, corporation,
32	32	partnership, or limited liability corporation that employs two or
33	33	more employees and provides or offers to provide swim instruction
34	34	for compensation.
35	35	(7) "Serious incident" means a suspected or actual
36	36	incident that occurs during and as a direct result of swim
37	37	instruction and that threatens or impairs the health, safety, or
38	38	well-being of a student. The term includes:
39	39	(A) abuse, neglect, exploitation, or death of a
40	40	student;
41	41	(B) a critical injury of a student; and
42	42	(C) an illness of a student that requires
43	43	hospitalization.
44	44	(8) "Student" means a child who is younger than seven
45	45	years of age.
46	46	(9) "Swim instruction" means the in-water educational
47	47	process of teaching an individual to swim.
48	48	Sec. 767.003. APPLICABILITY OF CHAPTER; EXEMPTIONS. (a)
49	49	Subject to Subsection (b), this chapter applies only to an operator
50	50	who provides swim instruction to a group of three or more students
51	51	at one time.
52	52	(b) This chapter does not apply to swim instruction provided
53	53	to students by:
54	54	(1) a youth camp licensed under Chapter 141;
55	55	(2) a child-care facility licensed under Chapter 42,
56	56	Human Resources Code; or
57	57	(3) a political subdivision.
58	58	SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES
59	59	Sec. 767.051. REGULATION BY DEPARTMENT; RULES. (a) The
60	60	department shall administer and enforce this chapter.
61	61	(b) The commission shall adopt rules as necessary to
62	62	implement this chapter, including rules prescribing:
63	63	(1) operating standards;
64	64	(2) qualifications for an operator's license;
65	65	(3) requirements to renew an operator's license; and
66	66	(4) minimum safety and training requirements.
67	67	Sec. 767.052. FEES. The commission by rule shall set fees
68	68	in the amounts reasonable and necessary to cover the costs of
69	69	administering this chapter.
70	70	Sec. 767.053. PUBLIC ACCESS TO INSPECTION REPORTS. An
71	71	operator shall release to the public on request a copy of any
72	72	inspection report the department issued to the operator in the
73	73	preceding two years.
74	74	SUBCHAPTER C. LICENSE REQUIREMENTS
75	75	Sec. 767.101. LICENSE REQUIRED. A person may not operate as
76	76	a swim instruction operator unless the person holds a license
77	77	issued under this chapter.
78	78	Sec. 767.102. LICENSE APPLICATION AND ISSUANCE; FEE. (a) A
79	79	person may submit to the department in the form and manner
80	80	prescribed by commission rule an application for an operator's
81	81	license under this chapter.
82	82	(b) The department shall issue an operator's license to an
83	83	applicant who:
84	84	(1) submits to the department a completed license
85	85	application and the required nonrefundable application fee; and
86	86	(2) satisfies the licensing requirements under this
87	87	chapter and rules adopted under this chapter.
88	88	Sec. 767.103. TERM AND LICENSE RENEWAL. (a) Unless revoked
89	89	or suspended, an operator's license issued under this chapter is
90	90	valid until the second anniversary of the date of issuance.
91	91	(b) To renew a license, a license holder must submit to the
92	92	department in the form and manner prescribed by commission rule an
93	93	application for license renewal.
94	94	(c) The department shall renew the operator's license of a
95	95	license holder who:
96	96	(1) submits a completed renewal application and the
97	97	required renewal fee; and
98	98	(2) complies with this chapter and rules adopted under
99	99	this chapter.
100	100	Sec. 767.104. REQUIRED CRIMINAL HISTORY RECORD INFORMATION
101	101	CHECK. The department shall perform a criminal history record
102	102	information check on each applicant for an operator's license and
103	103	on any controlling person of the applicant's company, corporation,
104	104	partnership, or limited liability corporation.
105	105	SUBCHAPTER D. OPERATIONAL STANDARDS
106	106	Sec. 767.151. MINIMUM SAFETY REQUIREMENTS. The commission
107	107	by rule shall establish minimum safety requirements for operators
108	108	to preserve student health and safety, including requirements on:
109	109	(1) instructor to student ratios during swim
110	110	instruction;
111	111	(2) training and certification for instructors; and
112	112	(3) available and operational automated external
113	113	defibrillators, as defined by Section 779.001.
114	114	Sec. 767.152. CERTIFICATION AND TRAINING REQUIREMENTS. (a)
115	115	Each manager and instructor for the operator must hold:
116	116	(1) a certificate to teach swimming techniques to
117	117	students after successfully completing training that complies with
118	118	the swim instructor training standards established by the American
119	119	Red Cross, the YMCA, or another entity the department approves with
120	120	swim instructor training standards substantially the same as those
121	121	established by the American Red Cross or the YMCA; and
122	122	(2) certifications from the American Red Cross, the
123	123	American Heart Association, or another nationally recognized
124	124	entity the department approves for:
125	125	(A) cardiopulmonary resuscitation; and
126	126	(B) automated external defibrillator use.
127	127	(b) An operator shall provide basic training to all
128	128	employees in:
129	129	(1) basic water rescue techniques; and
130	130	(2) the provision of first aid.
131	131	(c) An operator shall maintain records of the
132	132	certifications and training required by this section in the manner
133	133	prescribed by commission rule.
134	134	Sec. 767.153. REPORT OF SERIOUS INCIDENTS. (a) An operator
135	135	shall report to the department each serious incident involving a
136	136	student who was under the supervision of an operator or an
137	137	operator's employee or instructor.
138	138	(b) The commission by rule shall prescribe the form and
139	139	manner in which an operator must report a serious incident under
140	140	this section.
141	141	Sec. 767.154. REQUIRED EMPLOYEE CRIMINAL HISTORY RECORD
142	142	INFORMATION CHECK. (a) Before an operator may hire an instructor
143	143	or any other individual who will interact with students in the
144	144	course and scope of the individual's employment, the operator shall
145	145	perform a criminal history record information check on the
146	146	individual.
147	147	(b) An operator may not hire an instructor or any other
148	148	individual who will interact with students in the course and scope
149	149	of the individual's employment if the individual has been convicted
150	150	of an offense under Title 5, Penal Code, or Chapter 43, Penal Code,
151	151	involving an individual who is younger than 18 years of age.
152	152	SUBCHAPTER E. ENFORCEMENT
153	153	Sec. 767.201. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
154	154	ACTION. An applicant for an operator's license or a license holder
155	155	may be subject to denial of a license application or disciplinary
156	156	action, as applicable, if the applicant or license holder or a
157	157	controlling person of the applicant's or license holder's company,
158	158	corporation, partnership, or limited liability corporation:
159	159	(1) violates this chapter, a commission rule, or an
160	160	order of the commission or the executive director;
161	161	(2) obtains an operator's license by means of fraud,
162	162	misrepresentation, or concealment of a material fact;
163	163	(3) sells, barters, or offers to sell or barter an
164	164	operator's license; or
165	165	(4) is convicted of, or employs an instructor or any
166	166	other individual who interacts with students in the course and
167	167	scope of the individual's employment and who has been convicted of,
168	168	an offense under Title 5, Penal Code, or Chapter 43, Penal Code,
169	169	involving a child who is younger than 18 years of age.
170	170	Sec. 767.202. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT
171	171	ACTION. (a) A person who violates this chapter or a rule adopted
172	172	under this chapter is subject to an administrative penalty or other
173	173	penalties and enforcement action in accordance with Subchapters F
174	174	and G, Chapter 51, Occupations Code.
175	175	(b) An administrative penalty may not exceed $500 per day
176	176	for each violation. Each day a violation continues is a separate
177	177	violation for purposes of imposing a penalty.
178	178	SECTION 2. Section 411.093(a), Government Code, is amended
179	179	to read as follows:
180	180	(a) The Texas Department of Licensing and Regulation is
181	181	entitled to obtain criminal history record information as provided
182	182	by Subsection (b) that relates to:
183	183	(1) an applicant for or the holder of:
184	184	(A) a driver education instructor license under
185	185	Chapter 1001, Education Code;
186	186	(B) a license under Chapter 767, Health and
187	187	Safety Code;
188	188	(C) a license under Chapter 202, Occupations
189	189	Code;
190	190	(D) [(C)] a license under Chapter 401,
191	191	Occupations Code;
192	192	(E) [(D)] a license under Chapter 402,
193	193	Occupations Code; or
194	194	(F) [(E)] an instructor license or motorcycle
195	195	school license under Chapter 662, Transportation Code;
196	196	(2) a person who is:
197	197	(A) an applicant for or the holder of a license
198	198	under Chapter 91, Labor Code; or
199	199	(B) a controlling person, as defined by Chapter
200	200	91, Labor Code, of an entity described by Paragraph (A); or
201	201	(3) a person who:
202	202	(A) is an applicant for or the holder of a license
203	203	under Chapter 455, Occupations Code; or
204	204	(B) has an interest described under Section
205	205	455.1525(e), Occupations Code, in an entity described by Paragraph
206	206	(A).
207	207	SECTION 3. Subchapter F, Chapter 411, Government Code, is
208	208	amended by adding Section 411.0975 to read as follows:
209	209	Sec. 411.0975. ACCESS TO CRIMINAL HISTORY RECORD
210	210	INFORMATION: SWIM INSTRUCTION OPERATORS. (a) In this section,
211	211	"swim instruction operator" means a person who holds a license
212	212	under Chapter 767, Health and Safety Code, to operate as a swim
213	213	instruction operator.
214	214	(b) A swim instruction operator may obtain state criminal
215	215	history record information from the department for an applicant for
216	216	employment with or volunteer of the operator.
217	217	(c) Criminal history record information obtained by a swim
218	218	instruction operator in the original form or any subsequent form:
219	219	(1) may not be released to any person except the person
220	220	who is the subject of the information;
221	221	(2) is not subject to disclosure as provided by
222	222	Chapter 552; and
223	223	(3) shall be destroyed by the operator after the
224	224	information is used for the authorized purpose.
225	225	SECTION 4. As soon as practicable after the effective date
226	226	of this Act, the Texas Commission of Licensing and Regulation shall
227	227	adopt rules necessary to implement Chapter 767, Health and Safety
228	228	Code, as added by this Act.
229	229	SECTION 5. This Act takes effect September 1, 2025.