bill for a state list of ready-to-swim programs

The text as introduced · 1,133 words

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.