89R2173 BEE-D
By: Jones of Harris H.B. No. 816
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of youth sports programs;
providing civil and administrative penalties; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 13, Occupations Code, is
amended by adding Chapter 2053 to read as follows:
CHAPTER 2053. YOUTH SPORTS PROGRAMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2053.001. DEFINITIONS. In this chapter:
(1) "Advisory board" means the youth sports program
advisory board.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) "Department" means the Texas Department of
Licensing and Regulation.
(4) "Executive director" means the executive director
of the department.
(5) "Youth sports program" means an organized
competitive sports program that:
(A) provides instruction for an Olympic or
University Interscholastic League sponsored or sanctioned sport;
(B) is not associated with a school; and
(C) instructs children who are enrolled in
kindergarten through 12th grade in a public, private, or charter
school or children of similar age who are provided an education in a
home setting.
SUBCHAPTER B. YOUTH SPORTS PROGRAM ADVISORY BOARD
Sec. 2053.051. YOUTH SPORTS PROGRAM ADVISORY BOARD. (a)
The youth sports program advisory board consists of nine members
appointed by the presiding officer of the commission with the
approval of the commission, as follows:
(1) two members who are physicians licensed in this
state specializing in orthopedic surgery and sports medicine;
(2) two members who are physicians licensed in this
state specializing in neurology;
(3) one member who is a psychologist licensed in this
state specializing in youth psychology;
(4) one member who is the current or former chief law
enforcement officer of a county or municipality; and
(5) three members who represent the public.
(b) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Sec. 2053.052. TERMS. Members of the advisory board serve
staggered six-year terms, with the terms of three members expiring
January 31 of each odd-numbered year.
Sec. 2053.053. VACANCY. If a vacancy occurs during a term
of a member of the advisory board, the presiding officer of the
commission, with the commission's approval, shall appoint a
replacement who meets the qualifications for the vacant position to
serve for the remainder of the term.
Sec. 2053.054. PRESIDING OFFICER. (a) The presiding
officer of the commission shall designate a member of the advisory
board to serve as the presiding officer of the advisory board for a
term of two years.
(b) The presiding officer of the advisory board may vote on
any matter before the advisory board.
Sec. 2053.055. DUTIES OF ADVISORY BOARD. The advisory
board shall provide advice and recommendations to the department on
technical matters relevant to the administration of this chapter.
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. 2053.101. GENERAL POWERS AND DUTIES. The department
shall:
(1) administer and enforce this chapter;
(2) evaluate the qualifications of license
applicants;
(3) issue licenses;
(4) in connection with a hearing under this chapter,
issue subpoenas, examine witnesses, and administer oaths under the
laws of this state; and
(5) investigate persons engaging in practices that
violate this chapter.
Sec. 2053.102. RULES. The commission shall adopt rules
consistent with this chapter for the administration and enforcement
of this chapter.
Sec. 2053.103. FEES. The commission by rule shall set fees
in amounts reasonable and necessary to cover the costs of
administering this chapter.
Sec. 2053.104. REPORT OF VIOLATIONS AND OTHER SAFETY
CONCERNS. The department shall establish and maintain a toll-free
telephone number for reporting suspected violations of this chapter
or rules adopted under this chapter and other safety concerns.
Sec. 2053.105. EVALUATION OF CONCUSSION PROTOCOL. (a) The
department shall evaluate a concussion protocol a youth sports
program submits for the department's approval as required by
Section 2053.202.
(b) The commission by rule shall establish criteria for the
approval of a concussion protocol under this section.
Sec. 2053.106. EVALUATION OF VENUE SAFETY PROTOCOL. (a)
The department shall evaluate a venue safety protocol a youth
sports program submits for the department's approval as required by
Section 2053.203.
(b) The commission by rule shall establish criteria for the
approval of a venue safety protocol under this section.
SUBCHAPTER D. LICENSE
Sec. 2053.151. LICENSE REQUIRED. A person may not operate a
youth sports program unless the person holds a license issued in
accordance with this chapter.
Sec. 2053.152. APPLICATION; FEE. An applicant for a
license under this chapter must:
(1) submit an application in the manner and on a form
the department prescribes; and
(2) pay the application fee set by commission rule.
Sec. 2053.153. ELIGIBILITY. To be eligible for a license
under this chapter, a license applicant must satisfy the
eligibility requirements established by commission rule.
Sec. 2053.154. ISSUANCE. The commission shall issue a
license to an applicant who the commission determines has satisfied
the requirements of this chapter and commission rules.
Sec. 2053.155. TERM. A license issued under this chapter is
valid for the term established by commission rule.
Sec. 2053.156. RENEWAL. A license issued under this
chapter may be renewed as provided by commission rules.
SUBCHAPTER E. OPERATION OF YOUTH SPORTS PROGRAMS
Sec. 2053.201. SAFETY TRAINING REQUIRED. An individual may
not serve as a coach or trainer for a youth sports program unless
the person successfully completes a safety training course
substantially similar to the extracurricular activity safety
training program developed and adopted by the University
Interscholastic League under Section 33.202, Education Code.
Sec. 2053.202. CONCUSSION PROTOCOL REQUIRED. A person may
not operate a youth sports program unless the person develops and
implements for the program a concussion protocol approved by the
department in accordance with Section 2053.105.
Sec. 2053.203. VENUE SAFETY PROTOCOL REQUIRED. A person
may not operate a youth sports program unless the person develops
and implements a venue safety protocol approved by the department
in accordance with Section 2053.106 for the venue at which the
program will operate.
SUBCHAPTER F. DISCIPLINARY ACTIONS AND ENFORCEMENT PROCEDURES
Sec. 2053.251. DISCIPLINARY ACTION. In accordance with
Section 51.353, the commission or executive director may deny,
revoke, or suspend a license, refuse to renew a license, place on
probation a person whose license has been suspended, or reprimand a
license holder for a violation of this chapter, a rule adopted under
this chapter, or an order of the commission or executive director.
Sec. 2053.252. ENFORCEMENT PROCEDURES. The commission,
department, or executive director may enforce this chapter, a rule
adopted under this chapter, or an order of the commission or
executive director as provided by Subchapters F and G, Chapter 51.
SECTION 2. Not later than May 1, 2026, the Texas Commission
of Licensing and Regulation shall adopt the rules, procedures, and
fees necessary to administer Chapter 2053, Occupations Code, as
added by this Act.
SECTION 3. (a) Not later than January 1, 2026, the presiding
officer of the Texas Commission of Licensing and Regulation shall
appoint members to the advisory board created under Section
2053.051, Occupations Code, as added by this Act.
(b) Notwithstanding Section 2053.053, Occupations Code, as
added by this Act, in making the initial appointments to the
advisory board, the presiding officer of the commission shall
designate three members to serve terms expiring January 31, 2027,
three members to serve terms expiring January 31, 2029, and three
members to serve terms expiring January 31, 2031.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2025.
(b) Section 2053.151, Occupations Code, as added by this
Act, and Subchapter F, Chapter 2053, Occupations Code, as added by
this Act, take effect September 1, 2026.