Bill Text: TX HB3357 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the licensing and regulation of child swim schools; imposing penalties, including administrative penalties; authorizing fees.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-14 - Left pending in committee [HB3357 Detail]
Download: Texas-2021-HB3357-Introduced.html
By: Landgraf | H.B. No. 3357 |
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relating to the licensing and regulation of child swim schools; | ||
imposing penalties, including administrative penalties; | ||
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 769 to read as follows: | ||
CHAPTER 769. REGULATION OF CHILD SWIM SCHOOLS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 769.001. SHORT TITLE. This chapter may be cited as the | ||
Mitchell Chang Swim School Safety Act. | ||
Sec. 769.002. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(2) "Department" means the Texas Department of | ||
Licensing and Regulation. | ||
(3) "Operator" means a person who owns, controls, or | ||
has operational responsibility for a swim school. | ||
(4) "Student" means a child who is six years of age or | ||
younger and receives swim instruction at a swim school. | ||
(5) "Swim school" means a business that provides swim | ||
instruction and employs at least three individuals on a full or | ||
part-time basis whose responsibilities include providing in water | ||
swimming instructions to students. | ||
Sec. 769.003. APPLICABILITY OF CHAPTER. This chapter | ||
applies only to a swim school that provides swim instruction to | ||
children who are six years of age or younger in a group of two or | ||
more students, regardless of whether a parent is present at the time | ||
of instruction. | ||
Sec. 769.004. APPLICABILITY OF OTHER LAW. Chapter 51, | ||
Occupations Code, applies to a swim school licensed under this | ||
chapter. | ||
SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES | ||
Sec. 769.051. RULES. The commission shall adopt rules to | ||
implement this chapter. | ||
Sec. 769.052. FEES. The commission by rule shall set | ||
license, application, and renewal fees in the amounts reasonable | ||
and necessary to cover the department's costs in administering this | ||
chapter. | ||
Sec. 769.053. COMPLAINTS. (a) Any individual may submit a | ||
complaint to the department concerning a swim school or a swim | ||
school employee. The department shall establish a process for | ||
submitting a complaint through the department's Internet website. | ||
(b) The department may investigate a complaint made under | ||
this section in accordance with Subchapter E, Chapter 51, | ||
Occupations Code. | ||
Sec. 769.054. INSPECTION BY DEPARTMENT. (a) The department | ||
shall inspect a swim school: | ||
(1) at least annually; and | ||
(2) on receipt by the department of a complaint about | ||
the swim school that the department determines to warrant further | ||
investigation and inspection. | ||
(b) An authorized representative of the department shall | ||
visit a swim school during operating hours to investigate, inspect, | ||
and evaluate compliance with swim school operating standards. | ||
(c) Following an inspection, the department shall review | ||
the results of the inspection with the swim school and provide the | ||
swim school an opportunity to respond to the inspection results. | ||
(d) For violations or infractions that do not include a | ||
serious incident of a student, as defined by section 769.157, the | ||
swim school and the operator shall be given five business days to | ||
cure any violations or infractions before any punitive action may | ||
be taken by the department. | ||
Sec. 769.055. SEARCHABLE DATABASE. The department shall | ||
maintain on the department's Internet website a searchable database | ||
that contains information on each swim school licensed by the | ||
department, including: | ||
(1) the name of the operator; | ||
(2) any criminal convictions of the operator; | ||
(3) incidents at the swim school that require the | ||
hospitalization of a child under the supervision of the swim | ||
school; | ||
(4) safety violations committed by the swim school; | ||
(5) complaints filed against a swim school under | ||
Section 769.053 that the department determined to further | ||
investigate; and | ||
(6) results of inspections conducted by the department | ||
under Section 769.054, including the acknowledgement of any results | ||
that were successfully cured by the swim school and the operator | ||
within five business days. | ||
SUBCHAPTER C. LICENSE REQUIREMENTS | ||
Sec. 769.101. LICENSE REQUIRED. A person may not operate a | ||
swim school unless the person holds a license to operate the swim | ||
school issued by the department under this chapter. | ||
Sec. 769.102. 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 a license to | ||
operate a swim school under this chapter. | ||
(b) The application for a swim school license must include | ||
the identity of the operator of the swim school and be accompanied | ||
by the certifications required by Section 769.153. | ||
(c) The department shall issue a swim school license to an | ||
applicant who: | ||
(1) submits to the department a completed license | ||
application and the required nonrefundable application fee; and | ||
(2) complies with this chapter and rules adopted under | ||
this chapter. | ||
Sec. 769.103. TERM AND LICENSE RENEWAL. (a) Unless revoked | ||
or suspended, a swim school license issued under this chapter is | ||
valid for one year. | ||
(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) As a condition of renewal, a license holder must satisfy | ||
the requirements that apply to an applicant for an initial license | ||
under Section 769.102. | ||
(d) The department shall renew the swim school 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. 769.104. REQUIRED SEARCH OF CENTRAL REGISTRY OF | ||
REPORTED CASES OF CHILD ABUSE OR NEGLECT. The department may not | ||
issue or renew a swim school license under this chapter unless the | ||
department searches the central registry of reported cases of child | ||
abuse or neglect established under Section 261.002, Family Code, | ||
and determines the swim school applicant, operator, and any | ||
employee included on the application form are not listed in the | ||
registry as a person who abused or neglected a child. | ||
SUBCHAPTER D. SWIM SCHOOL OPERATION | ||
Sec. 769.151. EMPLOYEE CRIMINAL HISTORY RECORD | ||
INFORMATION. Before a swim school may hire an individual for | ||
full-time employment, the swim school shall obtain criminal history | ||
record information on the individual and may not hire an individual | ||
whose criminal history record information is unacceptable. | ||
Sec. 769.152. MINIMUM SAFETY REQUIREMENTS. (a) The | ||
department shall adopt rules necessary to establish an acceptable | ||
student to swim instructor ratio for swim classes offered by a swim | ||
school, and any additional employees that may be necessary to serve | ||
in a dedicated supervisory role of the swim classes offered in order | ||
to assist in ensuring the overall health and safety of all students | ||
and swim school employees. In addition to all other information, | ||
the ratio of student to swim instructor shall take into | ||
consideration: whether a parent or legal guardian is required to be | ||
in the water during the time of instruction with the student, any | ||
student skill level necessary to qualify for a certain class, and | ||
the training and accreditation of a swim school employee as set | ||
forth by this chapter. | ||
(b) A swim school must have available an automated external | ||
defibrillator. | ||
Sec. 769.153. CERTIFICATION AND TRAINING REQUIREMENTS. (a) | ||
Each swim school operator and employee must: | ||
(1) be certified by an accredited entity as a water | ||
safety instructor for teaching swimming techniques to children | ||
after successfully completing training that complies with the | ||
American Red Cross's swimming and water safety training standards; | ||
(2) if the operator or employee provides swim classes | ||
to children younger than five years of age, successfully complete | ||
additional water safety instructor training from an accredited | ||
entity on swimming instruction for the age group taught by the | ||
operator or employee; and | ||
(3) hold certifications from an accredited entity for: | ||
(A) cardiopulmonary resuscitation; and | ||
(B) automated external defibrillator use. | ||
(b) A swim school shall provide training to all employees | ||
in: | ||
(1) the application of first aid; | ||
(2) the prevention and spread of communicable | ||
diseases; and | ||
(3) the industry standard protocols for preventing | ||
drowning. | ||
Sec. 769.157. REPORT OF SERIOUS INCIDENTS AND VIOLATIONS. | ||
(a) In this section, "serious incident" means a suspected or actual | ||
incident that threatens or impairs the basic health, safety, or | ||
well-being of a child. The term includes: | ||
(1) abuse, neglect, exploitation, or death of a child; | ||
(2) a critical injury of a child; and | ||
(3) an illness of a child that requires | ||
hospitalization. | ||
(b) A swim school shall report to the department each | ||
serious incident involving a child who was under the supervision of | ||
the swim school. | ||
(c) The commission by rule shall prescribe the form and | ||
manner in which a swim school must report a serious incident under | ||
this section. | ||
Sec. 769.158. REQUIRED PARENTAL NOTIFICATION OF SERIOUS | ||
INCIDENT. A swim school shall immediately notify a parent of a | ||
child who is involved in a serious incident as defined by Section | ||
769.157 while the child is under supervision of the swim school. | ||
SUBCHAPTER E. ENFORCEMENT | ||
Sec. 769.201. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT | ||
ACTION. 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. | ||
SECTION 2. Notwithstanding Chapter 769, Health and Safety | ||
Code, as added by this Act, a person who operates a swim school is | ||
not required to hold a license under that chapter to operate a swim | ||
school in this state before January 1, 2022. | ||
SECTION 3. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect September 1, 2021. | ||
(b) Section 769.201, Health and Safety Code, as added by | ||
this Act, takes effect January 1, 2022. |