Jones Bill Makes Every Non-School Youth Sports Program Get Licensed

The text as introduced · 1,278 words

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.