Texas 2025 - 89th Regular

Texas House Bill HB816 Compare Versions

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

Old	New	Differences
1	1	89R2173 BEE-D
2	2	By: Jones of Harris H.B. No. 816
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of youth sports programs;
10	10	providing civil and administrative penalties; authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 13, Occupations Code, is
13	13	amended by adding Chapter 2053 to read as follows:
14	14	CHAPTER 2053. YOUTH SPORTS PROGRAMS
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 2053.001. DEFINITIONS. In this chapter:
17	17	(1) "Advisory board" means the youth sports program
18	18	advisory board.
19	19	(2) "Commission" means the Texas Commission of
20	20	Licensing and Regulation.
21	21	(3) "Department" means the Texas Department of
22	22	Licensing and Regulation.
23	23	(4) "Executive director" means the executive director
24	24	of the department.
25	25	(5) "Youth sports program" means an organized
26	26	competitive sports program that:
27	27	(A) provides instruction for an Olympic or
28	28	University Interscholastic League sponsored or sanctioned sport;
29	29	(B) is not associated with a school; and
30	30	(C) instructs children who are enrolled in
31	31	kindergarten through 12th grade in a public, private, or charter
32	32	school or children of similar age who are provided an education in a
33	33	home setting.
34	34	SUBCHAPTER B. YOUTH SPORTS PROGRAM ADVISORY BOARD
35	35	Sec. 2053.051. YOUTH SPORTS PROGRAM ADVISORY BOARD. (a)
36	36	The youth sports program advisory board consists of nine members
37	37	appointed by the presiding officer of the commission with the
38	38	approval of the commission, as follows:
39	39	(1) two members who are physicians licensed in this
40	40	state specializing in orthopedic surgery and sports medicine;
41	41	(2) two members who are physicians licensed in this
42	42	state specializing in neurology;
43	43	(3) one member who is a psychologist licensed in this
44	44	state specializing in youth psychology;
45	45	(4) one member who is the current or former chief law
46	46	enforcement officer of a county or municipality; and
47	47	(5) three members who represent the public.
48	48	(b) Appointments to the advisory board shall be made without
49	49	regard to the race, color, disability, sex, religion, age, or
50	50	national origin of the appointee.
51	51	Sec. 2053.052. TERMS. Members of the advisory board serve
52	52	staggered six-year terms, with the terms of three members expiring
53	53	January 31 of each odd-numbered year.
54	54	Sec. 2053.053. VACANCY. If a vacancy occurs during a term
55	55	of a member of the advisory board, the presiding officer of the
56	56	commission, with the commission's approval, shall appoint a
57	57	replacement who meets the qualifications for the vacant position to
58	58	serve for the remainder of the term.
59	59	Sec. 2053.054. PRESIDING OFFICER. (a) The presiding
60	60	officer of the commission shall designate a member of the advisory
61	61	board to serve as the presiding officer of the advisory board for a
62	62	term of two years.
63	63	(b) The presiding officer of the advisory board may vote on
64	64	any matter before the advisory board.
65	65	Sec. 2053.055. DUTIES OF ADVISORY BOARD. The advisory
66	66	board shall provide advice and recommendations to the department on
67	67	technical matters relevant to the administration of this chapter.
68	68	SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
69	69	Sec. 2053.101. GENERAL POWERS AND DUTIES. The department
70	70	shall:
71	71	(1) administer and enforce this chapter;
72	72	(2) evaluate the qualifications of license
73	73	applicants;
74	74	(3) issue licenses;
75	75	(4) in connection with a hearing under this chapter,
76	76	issue subpoenas, examine witnesses, and administer oaths under the
77	77	laws of this state; and
78	78	(5) investigate persons engaging in practices that
79	79	violate this chapter.
80	80	Sec. 2053.102. RULES. The commission shall adopt rules
81	81	consistent with this chapter for the administration and enforcement
82	82	of this chapter.
83	83	Sec. 2053.103. FEES. The commission by rule shall set fees
84	84	in amounts reasonable and necessary to cover the costs of
85	85	administering this chapter.
86	86	Sec. 2053.104. REPORT OF VIOLATIONS AND OTHER SAFETY
87	87	CONCERNS. The department shall establish and maintain a toll-free
88	88	telephone number for reporting suspected violations of this chapter
89	89	or rules adopted under this chapter and other safety concerns.
90	90	Sec. 2053.105. EVALUATION OF CONCUSSION PROTOCOL. (a) The
91	91	department shall evaluate a concussion protocol a youth sports
92	92	program submits for the department's approval as required by
93	93	Section 2053.202.
94	94	(b) The commission by rule shall establish criteria for the
95	95	approval of a concussion protocol under this section.
96	96	Sec. 2053.106. EVALUATION OF VENUE SAFETY PROTOCOL. (a)
97	97	The department shall evaluate a venue safety protocol a youth
98	98	sports program submits for the department's approval as required by
99	99	Section 2053.203.
100	100	(b) The commission by rule shall establish criteria for the
101	101	approval of a venue safety protocol under this section.
102	102	SUBCHAPTER D. LICENSE
103	103	Sec. 2053.151. LICENSE REQUIRED. A person may not operate a
104	104	youth sports program unless the person holds a license issued in
105	105	accordance with this chapter.
106	106	Sec. 2053.152. APPLICATION; FEE. An applicant for a
107	107	license under this chapter must:
108	108	(1) submit an application in the manner and on a form
109	109	the department prescribes; and
110	110	(2) pay the application fee set by commission rule.
111	111	Sec. 2053.153. ELIGIBILITY. To be eligible for a license
112	112	under this chapter, a license applicant must satisfy the
113	113	eligibility requirements established by commission rule.
114	114	Sec. 2053.154. ISSUANCE. The commission shall issue a
115	115	license to an applicant who the commission determines has satisfied
116	116	the requirements of this chapter and commission rules.
117	117	Sec. 2053.155. TERM. A license issued under this chapter is
118	118	valid for the term established by commission rule.
119	119	Sec. 2053.156. RENEWAL. A license issued under this
120	120	chapter may be renewed as provided by commission rules.
121	121	SUBCHAPTER E. OPERATION OF YOUTH SPORTS PROGRAMS
122	122	Sec. 2053.201. SAFETY TRAINING REQUIRED. An individual may
123	123	not serve as a coach or trainer for a youth sports program unless
124	124	the person successfully completes a safety training course
125	125	substantially similar to the extracurricular activity safety
126	126	training program developed and adopted by the University
127	127	Interscholastic League under Section 33.202, Education Code.
128	128	Sec. 2053.202. CONCUSSION PROTOCOL REQUIRED. A person may
129	129	not operate a youth sports program unless the person develops and
130	130	implements for the program a concussion protocol approved by the
131	131	department in accordance with Section 2053.105.
132	132	Sec. 2053.203. VENUE SAFETY PROTOCOL REQUIRED. A person
133	133	may not operate a youth sports program unless the person develops
134	134	and implements a venue safety protocol approved by the department
135	135	in accordance with Section 2053.106 for the venue at which the
136	136	program will operate.
137	137	SUBCHAPTER F. DISCIPLINARY ACTIONS AND ENFORCEMENT PROCEDURES
138	138	Sec. 2053.251. DISCIPLINARY ACTION. In accordance with
139	139	Section 51.353, the commission or executive director may deny,
140	140	revoke, or suspend a license, refuse to renew a license, place on
141	141	probation a person whose license has been suspended, or reprimand a
142	142	license holder for a violation of this chapter, a rule adopted under
143	143	this chapter, or an order of the commission or executive director.
144	144	Sec. 2053.252. ENFORCEMENT PROCEDURES. The commission,
145	145	department, or executive director may enforce this chapter, a rule
146	146	adopted under this chapter, or an order of the commission or
147	147	executive director as provided by Subchapters F and G, Chapter 51.
148	148	SECTION 2. Not later than May 1, 2026, the Texas Commission
149	149	of Licensing and Regulation shall adopt the rules, procedures, and
150	150	fees necessary to administer Chapter 2053, Occupations Code, as
151	151	added by this Act.
152	152	SECTION 3. (a) Not later than January 1, 2026, the presiding
153	153	officer of the Texas Commission of Licensing and Regulation shall
154	154	appoint members to the advisory board created under Section
155	155	2053.051, Occupations Code, as added by this Act.
156	156	(b) Notwithstanding Section 2053.053, Occupations Code, as
157	157	added by this Act, in making the initial appointments to the
158	158	advisory board, the presiding officer of the commission shall
159	159	designate three members to serve terms expiring January 31, 2027,
160	160	three members to serve terms expiring January 31, 2029, and three
161	161	members to serve terms expiring January 31, 2031.
162	162	SECTION 4. (a) Except as provided by Subsection (b) of this
163	163	section, this Act takes effect September 1, 2025.
164	164	(b) Section 2053.151, Occupations Code, as added by this
165	165	Act, and Subchapter F, Chapter 2053, Occupations Code, as added by
166	166	this Act, take effect September 1, 2026.