Bill Text: TX SB591 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to child water safety requirements for certain organizations; authorizing disciplinary action, including an administrative penalty.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2023-03-28 - Co-author authorized [SB591 Detail]
Download: Texas-2023-SB591-Introduced.html
| 88R3348 MCF-D | ||
| By: Zaffirini, Perry | S.B. No. 591 | |
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| relating to child water safety requirements for certain | ||
| organizations; authorizing disciplinary action, including an | ||
| administrative penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as Cati's Act. | ||
| SECTION 2. Subchapter D, Chapter 341, Health and Safety | ||
| Code, is amended by adding Section 341.0646 to read as follows: | ||
| Sec. 341.0646. CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN | ||
| ORGANIZATIONS. (a) In this section: | ||
| (1) "Body of water" means an artificial or natural | ||
| body of water, including a swimming pool, lake, or river, typically | ||
| used for recreational swimming, bathing, or play. The term does not | ||
| include a wading pool. | ||
| (2) "Child" means an individual younger than 12 years | ||
| of age. | ||
| (3) "Organized water activity" means an activity an | ||
| organization conducts in which a participant will enter or travel | ||
| on a body of water as part of the activity. | ||
| (4) "Wading pool" means a pool, including a pool that | ||
| contains a public interactive water feature and fountain as defined | ||
| by department rule, with a maximum water depth of not more than 18 | ||
| inches. | ||
| (b) This section does not apply to: | ||
| (1) a youth camp licensed under Chapter 141; or | ||
| (2) a residential child-care facility as defined by | ||
| Section 42.002, Human Resources Code. | ||
| (c) An organization, including a day camp, youth camp, | ||
| school, preschool, kindergarten, nursery school, child-care | ||
| facility as defined by Section 42.002, Human Resources Code, or any | ||
| other facility providing child-care services licensed by the Health | ||
| and Human Services Commission that authorizes a child to engage in | ||
| an organized water activity shall: | ||
| (1) require the child's parent or legal guardian to | ||
| affirm in writing whether the child is able to swim or is at risk of | ||
| injury or death when swimming or otherwise accessing a body of | ||
| water; and | ||
| (2) except as provided by Subsection (d): | ||
| (A) provide to each child who is unable to swim or | ||
| is at risk of injury or death when swimming or otherwise entering a | ||
| body of water a properly fitted and fastened Type I, II, or III | ||
| United States Coast Guard approved personal flotation device or a | ||
| device the executive commissioner determines is equivalent; and | ||
| (B) ensure the child is wearing the personal | ||
| flotation device and the device is properly fitted and fastened for | ||
| the child. | ||
| (d) The organization is not required to provide a child with | ||
| a flotation device or ensure the child is wearing the device under | ||
| Subsection (c)(2) if: | ||
| (1) the child is actively participating in swim | ||
| instruction; and | ||
| (2) the organization ensures each child participating | ||
| in the instruction is closely supervised during the instruction. | ||
| (e) An organization licensed or otherwise regulated by this | ||
| state that violates this section or rules adopted under this | ||
| section is subject to disciplinary action, including the imposition | ||
| of an administrative penalty, by any state regulatory agency with | ||
| the power to impose disciplinary action on that organization as if | ||
| the organization violated the agency's licensing or other | ||
| regulatory laws or rules. | ||
| (f) The executive commissioner may adopt rules necessary to | ||
| implement this section. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
