bill to license swim schools for kids under seven

The text as introduced · 1,671 words

90R4203 KRM-F

By: Garcia of Bexar
H.B. No. 265

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of child swim instruction

operators; requiring an occupational license; imposing an

administrative penalty; authorizing fees.

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 768A to read as follows:

CHAPTER 768A. REGULATION OF CHILD SWIM INSTRUCTION OPERATORS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 768A.001. SHORT TITLE. This chapter may be cited as

the Mitchell Chang Swim Safety Act.

Sec. 768A.002. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission of

Licensing and Regulation.

(2) "Controlling person" means a person listed in

Section 51.409(a)(5), Occupations Code.

(3) "Department" means the Texas Department of

Licensing and Regulation.

(4) "Executive director" means the executive director

of the department.

(5) "Instructor" means an individual who for

compensation provides swim instruction directly to students on

behalf of an operator.

(6) "Operator" means a company, corporation,

partnership, or limited liability corporation that employs two or

more employees and provides or offers to provide swim instruction

for compensation.

(7) "Serious incident" means a suspected or actual

incident that occurs during and as a direct result of swim

instruction and that threatens or impairs the health, safety, or

well-being of a student. The term includes:

(A) abuse, neglect, exploitation, or death of a

student;

(B) a critical injury of a student; and

(C) an illness of a student that requires

hospitalization.

(8) "Student" means a child who is younger than seven

years of age.

(9) "Swim instruction" means the in-water educational

process of teaching an individual to swim.

Sec. 768A.003. APPLICABILITY OF CHAPTER; EXEMPTIONS. (a)

Subject to Subsection (b), this chapter applies only to an operator

who provides swim instruction to a group of three or more students

at one time.

(b) This chapter does not apply to swim instruction provided

to students by:

(1) a youth camp licensed under Chapter 141;

(2) a child-care facility licensed, certified, or

registered under Chapter 42, Human Resources Code; or

(3) a political subdivision.

SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES

Sec. 768A.051. DEPARTMENT DUTIES; RULES. (a) The

department shall administer and enforce this chapter.

(b) The commission shall adopt rules as necessary to

implement this chapter, including rules prescribing:

(1) operating standards;

(2) qualifications for an operator's license;

(3) requirements to renew an operator's license; and

(4) minimum safety and training requirements.

Sec. 768A.052. FEES. The commission by rule shall set fees

in the amounts reasonable and necessary to cover the costs of

administering this chapter.

Sec. 768A.053. PUBLIC ACCESS TO INSPECTION REPORTS. An

operator shall release to the public on request a copy of any

inspection report the department issued to the operator in the

preceding two years.

SUBCHAPTER C. LICENSE REQUIREMENTS

Sec. 768A.101. LICENSE REQUIRED. A person may not operate

as a swim instruction operator unless the person holds a license

issued under this chapter.

Sec. 768A.102. LICENSE APPLICATION AND ISSUANCE; FEE. (a)

A person may submit to the department in the form and manner

prescribed by commission rule an application for an operator's

license under this chapter.

(b) The department shall issue an operator's license to an

applicant who:

(1) submits to the department a completed license

application and the required nonrefundable application fee; and

(2) satisfies the licensing requirements under this

chapter and rules adopted under this chapter.

Sec. 768A.103. LICENSE TERM AND RENEWAL. (a) Unless

revoked or suspended, an operator's license issued under this

chapter is valid until the second anniversary of the date of

issuance.

(b) To renew a license, a license holder must submit to the

department in the form and manner prescribed by commission rule an

application for license renewal.

(c) The department shall renew the operator's license of a

license holder who:

(1) submits a completed renewal application and the

required renewal fee; and

(2) complies with this chapter and rules adopted under

this chapter.

Sec. 768A.104. REQUIRED CRIMINAL HISTORY RECORD

INFORMATION CHECK. The department shall perform a criminal history

record information check on each applicant for an operator's

license and on any controlling person of the applicant's company,

corporation, partnership, or limited liability corporation.

SUBCHAPTER D. OPERATIONAL STANDARDS

Sec. 768A.151. MINIMUM SAFETY REQUIREMENTS. The commission

by rule shall establish minimum safety requirements for operators

to preserve student health and safety, including requirements on:

(1) instructor to student ratios during swim

instruction;

(2) training and certification for instructors; and

(3) available and operational automated external

defibrillators, as defined by Section 779.001.

Sec. 768A.152. CERTIFICATION AND TRAINING REQUIREMENTS.

(a) Each manager and instructor for the operator must hold:

(1) a certificate to teach swimming techniques to

students after successfully completing training that complies with

the swim instructor training standards established by the American

Red Cross, the YMCA, or another entity the department approves with

swim instructor training standards substantially the same as those

established by the American Red Cross or the YMCA; and

(2) certifications from the American Red Cross, the

American Heart Association, or another nationally recognized

entity the department approves for:

(A) cardiopulmonary resuscitation; and

(B) automated external defibrillator use.

(b) An operator shall provide basic training to all

employees in:

(1) basic water rescue techniques; and

(2) the provision of first aid.

(c) An operator shall maintain records of the

certifications and training required by this section in the manner

prescribed by commission rule.

Sec. 768A.153. REPORT OF SERIOUS INCIDENTS. (a) An

operator shall report to the department each serious incident

involving a student who was under the supervision of an operator or

an operator's employee or instructor.

(b) The commission by rule shall prescribe the form and

manner in which an operator must report a serious incident under

this section.

Sec. 768A.154. REQUIRED EMPLOYEE CRIMINAL HISTORY RECORD

INFORMATION CHECK. (a) Before an operator may hire an instructor

or any other individual who will interact with students in the

course and scope of the individual's employment, the operator shall

perform a criminal history record information check on the

individual.

(b) An operator may not hire an instructor or any other

individual who will interact with students in the course and scope

of the individual's employment if the individual has been convicted

of an offense under Title 5, Penal Code, or Chapter 43, Penal Code,

involving an individual who is younger than 18 years of age.

SUBCHAPTER E. ENFORCEMENT

Sec. 768A.201. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY

ACTION. An applicant for an operator's license or a license holder

may be subject to denial of a license application or disciplinary

action, as applicable, if the applicant or license holder or a

controlling person of the applicant's or license holder's company,

corporation, partnership, or limited liability corporation:

(1) violates this chapter, a commission rule, or an

order of the commission or the executive director;

(2) obtains an operator's license by means of fraud,

misrepresentation, or concealment of a material fact;

(3) sells, barters, or offers to sell or barter an

operator's license; or

(4) is convicted of an offense under Title 5, Penal

Code, or Chapter 43, Penal Code, involving an individual who is

younger than 18 years of age.

Sec. 768A.202. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT

ACTION. (a) A person who violates this chapter or a rule adopted

under this chapter is subject to an administrative penalty or other

penalties and enforcement action in accordance with Subchapters F

and G, Chapter 51, Occupations Code.

(b) An administrative penalty may not exceed $500 per day

for each violation. Each day a violation continues is a separate

violation for purposes of imposing a penalty.

SECTION 2. Section 411.093(a), Government Code, is amended

to read as follows:

(a) The Texas Department of Licensing and Regulation is

entitled to obtain criminal history record information as provided

by Subsection (b) that relates to:

(1) an applicant for or the holder of:

(A) a driver education instructor license under

Chapter 1001, Education Code;

(B) a license under Chapter 466;

(C) a license under Chapter 768A, Health and

Safety Code;

(D) a license under Chapter 202, Occupations

Code;

(E) [ (D) ] a license under Chapter 401,

Occupations Code;

(F) [ (E) ] a license under Chapter 402,

Occupations Code;

(G) [ (F) ] a license under Chapter 2001,

Occupations Code; or

(H) [ (G) ] an instructor license or motorcycle

school license under Chapter 662, Transportation Code;

(2) a person who is:

(A) an applicant for or the holder of a license

under Chapter 91, Labor Code; or

(B) a controlling person, as defined by Chapter

91, Labor Code, of an entity described by Paragraph (A); or

(3) a person who:

(A) is an applicant for or the holder of a license

under Chapter 455, Occupations Code; or

(B) has an interest described under Section

455.1525(e), Occupations Code, in an entity described by Paragraph

(A).

SECTION 3. Subchapter F, Chapter 411, Government Code, is

amended by adding Section 411.0975 to read as follows:

Sec. 411.0975. ACCESS TO CRIMINAL HISTORY RECORD

INFORMATION: SWIM INSTRUCTION OPERATORS. (a) In this section,

"swim instruction operator" means a person who holds a license

under Chapter 768A, Health and Safety Code, to operate as a swim

instruction operator.

(b) A swim instruction operator may obtain state criminal

history record information from the department for an applicant for

employment with or volunteer of the operator.

(c) Criminal history record information obtained by a swim

instruction operator in the original form or any subsequent form:

(1) may not be released to any person except the person

who is the subject of the information;

(2) is not subject to disclosure as provided by

Chapter 552; and

(3) shall be destroyed by the operator after the

information is used for the authorized purpose.

SECTION 4. As soon as practicable after the effective date

of this Act, the Texas Commission of Licensing and Regulation shall

adopt rules necessary to implement Chapter 768A, Health and Safety

Code, as added by this Act.

SECTION 5. This Act takes effect September 1, 2027.