89R3161 KKR-F
By: Oliverson H.B. No. 3496
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Department of Insurance to
publish and maintain a list of certain ready-to-swim programs.
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 761 to read as follows:
CHAPTER 761. READY-TO-SWIM PROGRAMS
Sec. 761.001. DEFINITIONS. In this chapter:
(1) "Basic water safety skills" means the skills
required to independently enter the water, surface from under the
water, turn around in the water, propel through the water for a
distance of at least 25 yards, float on or tread water, and exit the
water.
(2) "Beginner-level student" means a student who does
not demonstrate basic water safety skills.
(3) "Commissioner" means the commissioner of
insurance.
(4) "Department" means the Texas Department of
Insurance.
(5) "Instructor" means an individual who for
compensation provides swim instruction directly to students on
behalf of an operator of a ready-to-swim program.
(6) "Operator" means an individual, company,
corporation, partnership, limited liability corporation, nonprofit
organization, community organization, or municipality that
provides or offers to provide a ready-to-swim program for
compensation.
(7) "Ready-to-swim program" means a program that
provides swim instruction to students.
(8) "Student" means an individual who receives swim
instruction from a ready-to-swim program.
(9) "Swim instruction" means the in-water educational
process of teaching an individual to swim.
Sec. 761.002. READY-TO-SWIM PROGRAM LIST. The department
shall publish and maintain on the department's Internet website a
list of ready-to-swim programs that:
(1) provide swim instruction to a student; and
(2) biennially submit a written verification to the
department in accordance with Sections 761.003 and 761.004.
Sec. 761.003. REQUIRED SUBMISSION OF WRITTEN VERIFICATION
FOR INCLUSION ON READY-TO-SWIM PROGRAM LIST. (a) For inclusion on
the list the department maintains under Section 761.002, the
operator of a ready-to-swim program must submit to the department,
in the form and manner prescribed by commissioner rule, a written
verification stating the program:
(1) maintains policies and procedures to protect
students, including policies and procedures that require, during
the provision of swim instruction:
(A) the program to maintain the following
instructor-to-student ratios:
(i) at least one instructor for every four
students who are younger than six years of age or are beginner-level
students without a parent or other responsible adult present in the
water with each student at all times during instruction;
(ii) at least one instructor for every 10
students who are younger than six years of age or are beginner-level
students if a parent or other responsible adult is present in the
water with each student at all times during the instruction;
(iii) at least one instructor for every six
students who are younger than six years of age and are able to
independently demonstrate basic water safety skills;
(iv) at least one instructor for every
eight students who are at least six years of age but younger than 18
years of age; and
(v) at least one instructor for every 10
students who are at least 18 years of age;
(B) an individual to monitor the swim instruction
with ready access to a rescue tube or ring buoy, a first aid kit, and
a resuscitation mask, provided the individual is:
(i) a certified lifeguard, including a
lifeguard for the swimming pool at the location the program is
providing instruction;
(ii) a program instructor or assistant
instructor who is not actively providing swim instruction; or
(iii) a responsible adult;
(C) at least one individual who holds
certifications in cardiopulmonary resuscitation, automated
external defibrillator use, and first aid issued by an accredited
entity to be present at the location where the program operates;
(D) the program to maintain, replenish as
necessary, and ensure easy access to lifesaving equipment and first
aid supplies, including:
(i) a rescue tube or ring buoy;
(ii) a reaching pole or shepherd's crook;
(iii) a spine board;
(iv) an automated external defibrillator,
as defined by Section 779.001;
(v) resuscitation masks; and
(vi) gloves;
(E) each program instructor to successfully
complete at least 40 hours of formal training on:
(i) proper supervision of students during
swim instruction;
(ii) child development in relation to swim
instruction;
(iii) the provision of first aid;
(iv) bloodborne pathogens;
(v) abuse prevention; and
(vi) the program's emergency action plan
maintained under Subdivision (2); and
(F) the program to allow parents and caregivers
to be present and in view of students;
(2) maintains an emergency action plan tailored to the
program's operations for responding to incidents arising from swim
instruction;
(3) conducts a criminal background check on each of
the program's operators and a criminal history record check on each
program employee who is 18 years of age or older before the employee
engages in any program activity; and
(4) maintains liability insurance under a policy
issued by an insurance company authorized to conduct business in
this state organized or operating under Chapter 841, 881, 882, 884,
885, 886, or 887, Insurance Code, insuring the operator of the
program against liability for injury to individuals arising out of
the operation of the program, including the provision of swim
instruction to students.
(b) A ready-to-swim program's written verification expires
on the second anniversary of the date the department receives the
verification.
Sec. 761.004. RENEWAL OF WRITTEN VERIFICATION. (a) A
ready-to-swim program must biennially submit to the department a
written verification described by Section 761.003 to renew the
program's inclusion on the list the department maintains under
Section 761.002.
(b) If the department does not receive a ready-to-swim
program's written verification for renewal on or before the
expiration date of the program's current written verification, the
department shall remove the ready-to-swim program from the list the
department maintains under Section 761.002.
Sec. 761.005. PERIODIC REVIEW OF READY-TO-SWIM PROGRAM
SAFETY REQUIREMENTS. (a) At least once every five years the
commissioner shall review, and as necessary by rule update, the
policy and procedure requirements included in Section 761.003(a)
that a ready-to-swim program must meet for inclusion on the list the
department maintains under Section 761.002 to ensure the
requirements reflect any changes in national safety standards for
ready-to-swim programs.
(b) In reviewing the policy and procedure requirements
under Subsection (a), the commissioner may consult with
organizations recognized as authorities on water safety, including
the:
(1) Centers for Disease Control and Prevention;
(2) United States Swim School Association;
(3) National Drowning Prevention Alliance;
(4) American Red Cross; or
(5) YMCA.
Sec. 761.006. RULES. The commissioner shall adopt the
rules necessary to implement this chapter.
SECTION 2. As soon as practicable after the effective date
of this Act, the commissioner of insurance shall adopt rules
necessary to implement Chapter 761, Health and Safety Code, as
added by this Act.
SECTION 3. This Act takes effect September 1, 2025.